One of the great risks of drunk driving is that you will get into a collision and end up hurting someone. It’s bad enough to be pulled over by the cops because you were weaving in and out of your lane. But if someone is seriously hurt in an accident or even dies, then you are facing some of the most serious penalties in Texas.
Man Kills a Husband & Injures a Wife
A recent story from Fox News in Houston illustrates the penalties you can face. On June 4, 2022, Carlos Antonio Garza ran a red light at an intersection and collided with a vehicle containing two occupants. The motorists, a husband and wife, were both seriously injured in the collision and were rushed to the hospital. The husband who drove the car ultimately succumbed to his injuries after spending 4 months in the hospital. The wife received extensive medical care and was ultimately discharged.
Mr. Garza’s blood alcohol concentration at the time of the crash was .216, about 2.5 times the legal limit. Even worse, he had a prior DWI conviction from 2011, so he was a repeat offender.
Judge Sentences Defendant to 25 Years
Montgomery County prosecutors brought both intoxication manslaughter and intoxication assault charges against the defendant, who pleaded guilty to both. He received 15 years for the death and 10 for the non-fatal bodily injuries he caused.
This case helpfully illustrates that you can face intoxication manslaughter even if the victim doesn’t die immediately at the scene. The victim in this case bravely held on for four months in the hospital, only to succumb to his injuries.
So long as the police can tie the death to injuries suffered in the collision, you can ultimately face an intoxication manslaughter charge. That means much more time behind bars than if someone is only injured—or not injured at all.
We Have Won These Cases
The defendant in this case entered a guilty plea to the charges and didn’t receive much of a break on his sentence. Depending on the facts of your case, you might want to fight intoxication manslaughter charges. For example, we might be able to argue:
- Mistaken identity. You weren’t the one driving at the time of the accident.
- No proof of intoxication. If you didn’t give a breath or urine sample, the police might not have any proof you were intoxicated. Even if you did, the sample might have been contaminated and untrustworthy.
- Other causes of death. The victim you hit might have succumbed to cancer, not injuries suffered in your accident. This is a way to reduce intoxication manslaughter charges to intoxication assault or even a lesser charge.
- No physical injuries. You might have hit an occupied car, but the occupants aren’t injured.
Contact Us
We review all the facts to determine whether you have a real shot at beating the charges. Because you are facing decades in prison, it is worth your time to meet with an experienced Houston DWI attorney like Tad Nelson for a free consultation and review of your case.
