Dallas Intoxication Manslaughter Attorney

Are You Looking for the Best Dallas Intoxication Manslaughter Attorney?

If you’re looking for the best Dallas Intoxication Manslaughter attorney, then Paul Saputo and Nick Toufexis want to represent you. Award-winning attorneys Paul Saputo and Nick Toufexis expertly bring the firm’s full resources to bear in Dallas Intoxication Manslaughter cases.

Our boutique criminal defense practice at Saputo Toufexis | Criminal Defense is distinguished by our unwavering commitment to delivering consistently high-level legal representation. We believe in providing extraordinary service to our clients, and we seek to represent clients who expect as much.

We’re not just Dallas Intoxication Manslaughter lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. With a demonstrated history of effectively contesting intoxicated operating cases, our Dallas Intoxication Manslaughter attorneys stand ready to diligently analyze and manage every detail of your case.

If the police arrested you for Intoxication Manslaughter in Dallas, you might be wondering how you can possibly win. If you took a breath test or blood test, and the sample tested for over the legal limit, you might think there’s nothing you can do to fight these charges. But you would be wrong.

Whether you failed a breath test, blood test, the roadside field sobriety tests, or all three, a seasoned Dallas Intoxication Manslaughter attorney can still utilize many defense strategies to win your case. An experienced Intoxication Manslaughter attorney on your side will make all the difference.

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Contact a Dallas
Intoxication Manslaughter Lawyer

When you are ready to fight your Dallas Intoxication Manslaughter case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Dallas Intoxication Manslaughter Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get an Intoxication Manslaughter charge dropped in Dallas, Texas?

In order to get an Intoxication Manslaughter charge dropped in Dallas, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §49.08.^[1] Our lawyers are experts in the Texas law regarding Intoxication Manslaughter, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Intoxication Manslaughter statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Intoxication Manslaughter statute in detail on the Intoxication Manslaughter offense page. We also maintain our expertise by keeping up with the latest case law affecting Intoxication Manslaughter cases in Dallas.

One such case is Campbell v. State.

Campbell v. State

In Campbell v. State, decided on May 7, 2004, by the Court of Appeals of Texas Fifth District Dallas, Elroy Campbell Jr. appealed his convictions and sentences for intoxication assault and intoxication manslaughter, following a car accident in Dallas County that resulted in severe injuries to the occupants of another car. Campbell contended that the trial court erred in overruling his motion to suppress blood sample evidence, argued that the State improperly injected personal comments into its closing arguments, and claimed that the State wrongfully withheld exculpatory evidence. The appellate court found that Campbell’s complaints about the motion to suppress and the State’s closing arguments were not preserved for review, and that the evidence related to the blood sample’s refrigeration, which Campbell argued was exculpatory, would not have been favorable to him since it indicated his blood alcohol concentration could have been higher than shown.

The background of the case involved Campbell and his friend drinking and driving throughout the day until Campbell, driving at a high rate of speed, collided with another car, causing catastrophic injuries to its occupants. A blood test revealed Campbell’s blood alcohol level was significantly above the legal limit. At trial, the court admitted the blood test results, despite Campbell’s objection and subsequent motion to suppress, based on claims of improper blood sample handling and his illegal arrest. The appellate court dismissed these claims, highlighting procedural inadequacies in preserving these objections for appellate review.

This case illustrates the critical importance of procedural diligence in criminal trials, especially regarding the preservation of objections and the challenge of evidence admissibility. The appellate court’s affirmation of Campbell’s convictions underscores the stringent standards for appellate review, particularly in evidentiary disputes and the assessment of alleged prosecutorial misconduct. Furthermore, the ruling on the exculpatory evidence issue clarifies the burden on defendants to demonstrate the materiality and favorable nature of such evidence to their case.

What does an Intoxication Manslaughter charge really mean?

The general definition of the Texas charge of Intoxication Manslaughter, according to the Texas Penal Code, is as follows:

(a) A person commits an offense if the person:

(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and

(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

Can a passenger be charged with Intoxication Manslaughter?

A passenger in a vehicle cannot be convicted of Intoxication Manslaughter even if the passenger was intoxicated and being being disruptive to the driver. The reason a passenger cannot be convicted with Intoxication Manslaughter is that the Intoxication Manslaughter statute is only applicable to the person operating the vehicle.

Law Enforcement Agencies in Dallas that Make Intoxication Manslaughter Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Intoxication Manslaughter in Dallas. Law enforcement agencies in Dallas that most typically make Intoxication Manslaughter arrests include:

• The Dallas County Sheriff’s Department handles Intoxication Manslaughter cases throughout Dallas County.
• Dallas Police Department serves as the primary municipal police department within Dallas County and plays a significant role in Intoxication Manslaughter enforcement.
• Irving Police Department also contributes to investigating Intoxication Manslaughter cases within its jurisdiction in Dallas County.
• Mesquite Police Department serves the community of Mesquite within Dallas County and may handle Intoxication Manslaughter cases within its jurisdiction.
• Grand Prairie Police Department is responsible for law enforcement within Grand Prairie and contributes to investigating Intoxication Manslaughter cases within its jurisdiction.

How do I win an Intoxication Manslaughter case in Dallas?

To beat an Intoxication Manslaughter charge in Dallas, Texas, you must understand the forensic science to challenge it and confront the witnesses on cross-examination. Blood and breath test scores mean nothing without proper analysis. Hold the state to its burden, and stand up for your constitutional rights.

Even if you believe you cannot beat the case, as your Dallas Intoxication Manslaughter attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Dallas Intoxication Manslaughter Attorney Case Defense Strategy

Getting the best result in a Intoxication Manslaughter case requires being fully prepared for all hearings and court settings – not just trials. When you need a Dallas Intoxication Manslaughter attorney, we act fast and prepare early. As soon as we get on a case, the Dallas District Attorney’s Office knows that we are getting ready for trial and that we are going for an outright acquittal. Sometimes that persistence alone will help convince state prosecutor to drop or reduce the Intoxication Manslaughter charge.

In addition, great Intoxication Manslaughter defense lawyers possess a deep knowledge of the law and an understanding of the methods that law enforcement use to investigate intoxication offenses. When it comes to Intoxication Manslaughter cases, we often have to fight BAC test scores. Regardless how high the breath or blood score reported by the test, we may be able to challenge the results. The fact is that many factors can affect the validity and meaning of all BAC tests.

Defense strategy in Intoxication Manslaughter cases usually boils down to attacking the state’s evidence on one or more of the following fronts:

• Scientifically Unsound Blood Test Results
• Scientifically Unsound Breath Test Results
• Rising Alcohol Level
• No Probable Cause for Arrest
• Failure to Obtain a Warrant

Learn more about defense strategies for intoxication cases

How much does a lawyer charge for an Intoxication Manslaughter case in Dallas, Texas?

Attorney’s fees will vary. However, you can expect to pay from $20,000 to $45,000 on average for Intoxication Manslaughter cases in Dallas. Some Dallas Intoxication Manslaughter lawyers may charge much more depending on the complexity of the Dallas case. But be wary of lawyers who charge surprisingly low fees.

When consulting with a lawyer, remember to ask whether any any hourly fees apply. Additionally, most lawyers charge extra fees for trial, travel and expenses.

What You Should Do if You Are Falsely Accused of Intoxication Manslaughter in Dallas

Even when falsely accused of Intoxication Manslaughter, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.

If the Dallas District Attorney has charged you with Intoxication Manslaughter, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Dallas Intoxication Manslaughter attorneys.

Bond Conditions in Dallas Intoxication Manslaughter Cases

Texas judges have broad powers to set bond conditions after Intoxication Manslaughter arrests. Judges are generally allowed to impose any reasonable condition of bond related to the safety of the community to secure your attendance at trial. For Intoxication Manslaughter cases, Texas judges typically impose a “no alcohol” bond condition. Judges typically also require you to install an ignition interlock device on your vehicle. An ignition interlock device will prevent you from starting your vehicle if your breath has a detectable level of alcohol.

Other typical bond conditions include travel restrictions and monitoring by the court’s probation department. Sometimes judges will often require additional restrictions, such as a Soberlink device or GPS monitoring.

If you want to modify your bond conditions, your attorney will file either a motion or a writ of habeas corpus requesting a modification of your bond conditions. The motion or writ will outline the specific changes you are seeking and the reasons for the requested modification.

The judge will ultimately decide whether to approve the requested modifications. They will consider factors such as the nature of the charges, your criminal history, the risk to public safety, and other relevant circumstances.

If you want to remove an ignition interlock device or another alcohol-monitoring devices condition, then please book a consultation with us, and we will discuss what our Dallas Intoxication Manslaughter attorneys can do for you.

What happens at a Dallas arraignment?

At your arraignment, a Dallas judge will hear your plea of not guilty. In Dallas, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Intoxication Manslaughter, then Texas Code of Criminal Procedure §17.40 requires Dallas judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Dallas Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Dallas Intoxication Manslaughter charge in Dallas?

The Penal code defines the range of punishment for all Texas Intoxication Manslaughter offenses in the state. The Penal Code classifies Intoxication Manslaughter as a second degree felony, but the state may seek an enhancement under §49.09 to a first degree felony.

However, the actual punishment you receive will vary significantly based on a number of circumstances, including your prior criminal history and the circumstances of the offense. With this in mind, you can learn about the penalties that apply to all Texas convictions for Intoxication Manslaughter here. Otherwise, to learn more about what kind of punishment is typical in Dallas Intoxication Manslaughter cases, call us to schedule a consultation or book online.

Furthermore, all good Dallas Intoxication Manslaughter attorneys will also advise you on the collateral consequences of a Intoxication Manslaughter conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment. For Intoxication Manslaughter offeneses, collateral consequences can include things like driver’s license suspensions and reinstatement fees, insurance premium increases, immigration consequences, and professional licensing consequences.

How Intoxication Manslaughter Defense Lawyers Beat the Case

Defending against Intoxication Manslaughter charges requires experience, skill, a deep knowledge of the law, and an understanding of the methods that law enforcement use to investigate these offenses. For instance, clients frequently ask whether we can beat certain test scores. The answer is that yes we can and have beat cases with breath and blood test scores, regardless of the number, because many factors can affect the validity and ultimate outcome of all of these tests. Learn more about beating breath and blood BAC scores here.

By examining every aspect of your case, an experienced Dallas Intoxication Manslaughter attorney can accurately determine how to demonstrate problems with the tests and identify any constitutional rights violations that may affect your case.

All cases are unique, but we always begin with the aim of getting your Intoxication Manslaughter charge dismissed. As experienced attorneys who have handled many intoxication offenses, including DWI 2nd, DWI 3rd, repeat felony DWI, and DWI accident cases, we provide our clients with the aggressive representation necessary to protect your rights and fight your case.

Types of DWI Charges in Texas

When most people think about a DWI, they usually envision cases of driving while intoxicated. While this is one type of DWI charge, various other DWI charges can lead to an arrest. Outlined in Chapter 49 of the Texas Penal Code, DWI charges in Texas include:

• PC 49.04 – Driving (Operating a Motor Vehicle) While Intoxicated (“DWI”)
• PC 49.04 – DWI (2nd offense)
• PC 49.04 – DWI (3rd offense) felony
• PC 49.045 – Driving While Intoxicated With Child Passenger
• PC 49.05 – Flying While Intoxicated
• PC 49.06 – Boating While Intoxicated
• PC 49.061 – Boating While Intoxicated with Child Passenger
• PC 49.065 – Assembling or Operating an Amusement Park Ride While Intoxicated
• PC 49.07 – Intoxication Assault
• PC 49.08 – Intoxication Manslaughter
• ABC 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (“DUI“)

At Saputo Toufexis | Criminal Defense, our Dallas Intoxication Manslaughter attorneys have successfully defended clients charged with these offenses and can use our experience to your advantage in putting you in the very best position to win your Intoxication Manslaughter case.

What Should I Do After I’m Arrested for Intoxication Manslaughter?

After a Intoxication Manslaughter arrest in Dallas, you must act swiftly because you only have 15 days from the date of your arrest to request an administrative hearing concerning your driver’s license. Failing to request an administrative hearing within the timeframe will result in an automatic driver’s license suspension.

Learn more about what happens to your drivers license after a Intoxication Manslaughter arrest – and four things you MUST do immediately afterwards – in our DWI Resources Guide.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Dallas Intoxication Manslaughter lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Dallas Intoxication Manslaughter attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

A HUGE THANKS to Paul ashley and rose, I ended up with a dwi, possession of controlled substance (my mom’s prescribed pills that she dropped as i was taking her to the emergency room weeks before) also I had my money confiscated on the way to buy my new car.. they told us money laundering. Paul was very helpful with all the information I needed and very understanding about my financial burden he worked with me on payments every step of the way and took me from feeling lost to confident. At the end of the day I would never hire another firm again paul and his partners worked day in and day out to eventually get my charges dropped AND my money back. Are you looking for a lawyer? Look no further paul will fight for you every step of the way and will not rest until you Have had a fair trial

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §49.08.