DWI and driving
Dallas intoxication assault and manslaughter lawyer.
A crash where someone is badly hurt or killed is a tragedy for every family involved, and the charge that follows is one of the most serious in Texas law. The State has to prove more than drinking: it has to prove intoxication and that the intoxication caused the injury or the death. We move fast to preserve the crash evidence, examine the blood draw and the reconstruction, and handle the case with respect for everyone in it.
Right now
If you are under investigation or were just charged.
- 01
Do not talk about how the crash happened
Not with officers, insurance adjusters, the other family or anyone online. Wanting to say you are sorry is human, but statements about the crash belong with your lawyer first.
- 02
Keep the car and do not delete anything
Ask us before the insurance company salvages your vehicle, because its data can matter. Do not delete texts, photos or posts: destroying evidence is a separate crime.
- 03
Prepare for a high bond with conditions
Bond in these cases is usually high and requires an ignition interlock. We can ask for a reasonable amount and conditions that let you keep working.
- 04
Send all contacts about the crash to us
Calls or letters from the injured person's lawyer or insurer should go to us and to your own insurance company. Do not sign anything.
- 05
Request the license hearing within 15 days
These charges start with a DWI arrest, so the ALR license deadline applies too.
Key deadlines and numbers
- Intoxication assault (serious bodily injury)
- Third degree felony: 2 to 10 yearsSource: Tex. Penal Code 49.07
- Intoxication manslaughter (death)
- Second degree felony: 2 to 20 yearsSource: Tex. Penal Code 49.08
- More than one person killed (since September 1, 2025)
- First degree felony: 5 to 99 years or lifeSource: Tex. Penal Code 49.09
- Deferred adjudication
- Not available for either chargeSource: Tex. Code Crim. Proc. art. 42A.102
- Bond
- Ignition interlock required as a conditionSource: Tex. Code Crim. Proc. art. 17.441
Texas law
How Texas law treats a DWI crash with injury or death.
Intoxication assault and intoxication manslaughter do not require any intent to hurt anyone. They apply to driving, and also to boats, aircraft and amusement rides. But the State must prove three things: that you were intoxicated, that a serious injury or death happened, and that it happened by reason of the intoxication. That last element is where many of these cases turn.
| Charge | Range of punishment | Notes |
|---|---|---|
| Intoxication assault | Third degree felony: 2 to 10 years in prison, fine up to $10,000 | Serious bodily injury means a substantial risk of death, serious permanent disfigurement or lasting loss of a body function. |
| Intoxication assault with a higher-level victim or injury | Second degree felony: 2 to 20 years | When the injured person is an on-duty peace officer, firefighter or EMS worker, or the injury causes a persistent vegetative state. |
| Intoxication manslaughter | Second degree felony: 2 to 20 years in prison, fine up to $10,000 | Probation is possible but restricted, with jail time as a condition. |
| Intoxication manslaughter of an on-duty peace officer, firefighter or EMS worker | First degree felony: 5 to 99 years or life | The State must prove the person's job and that they were on duty. |
| Intoxication manslaughter with more than one death (since September 1, 2025) | First degree felony: 5 to 99 years or life | Added by SB 745 for offenses on or after that date. |
| More than one person hurt or killed | Each person can be a separate count | The judge can order sentences to run one after another. |
The intoxication has to cause the harm
If the crash would have happened anyway, for example because another driver ran a red light or a tire failed, the intoxication did not cause it. The law asks whether the result would have happened but for your conduct.
Source: Tex. Penal Code 6.04Blood draws need a warrant or a real emergency
Texas law tells officers to get a blood sample after a serious crash, but the U.S. Supreme Court has held that drawing blood generally requires a warrant unless there is a true emergency. A draw without one can be challenged.
Source: Missouri v. McNeely (2013)A deadly weapon finding changes the sentence
The State often asks the court to find that the vehicle was used as a deadly weapon. That finding can bar judge-ordered probation and delays parole eligibility until half the sentence is served.
Source: Tex. Code Crim. Proc. art. 42A.054A 2025 law for people without legal status
House Bill 2017 (2025) limits probation and parole for a person unlawfully present in the United States who is convicted of intoxication manslaughter. We confirm exactly how it applies before advising anyone in that situation.
Source: HB 2017 bill analysis, 89th LegislatureHow we work
How we defend these cases.
Mr. Estrada reads the crash report, the blood evidence and the medical records and sets the strategy. Investigators and associates work the case with him, and you and your family get updates in English or Spanish.
01
Preserve the crash evidence
We send preservation requests right away and have an independent crash reconstruction engineer look at the scene, the vehicles and the airbag control module data before they are repaired or scrapped.
02
Collect every record
The 911 audio and dispatch logs, dash and body camera video, the crash report, photos, hospital records and the full chain of custody for every blood sample.
03
Examine the blood evidence
Was there a valid warrant? When was the blood drawn? A hospital test and a lab test do not measure the same thing. An independent toxicologist can review the lab work and retest when it makes sense.
04
Test the causation
Speed and conduct of the other driver, road design, lighting, signals, mechanical failure or a medical event can all explain a crash. If the intoxication did not cause the harm, the charge does not fit.
05
Prepare for trial and for sentencing
We prepare every case as if it will be tried. At the same time we build the full picture of your life, treatment and remorse, because a judge or jury will weigh it.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He helped bond my brother out of jail, kept us updated and went above and beyond to get his case dismissed.”What else is at stake.
- Immigration
- For anyone who is not a citizen, these charges carry serious immigration risk, including detention after release on bond. Any plea must be reviewed for immigration consequences before it is signed.
- A civil lawsuit
- The injured person or the family may file a lawsuit for damages. Your auto insurance usually provides a lawyer for that case. What you say in one case can be used in the other, so we coordinate with your insurance defense.
- License, guns and record
- A conviction brings a license suspension, and any occupational license requires an interlock. As a felony, it ends federal gun rights, and it cannot be expunged or sealed.
Dallas and Odessa
Where these cases are investigated and tried.
In Dallas County, serious crash cases on I-35E, I-30, I-635 and Loop 12 are usually investigated by police crash teams and indicted in the district courts at the Frank Crowley Courts Building. In West Texas, DPS troopers investigate many crashes on I-20, SH-191 and oilfield roads, and the cases are heard in the Ector County or Midland County district courts. Our Oak Cliff and Odessa offices handle both.
FAQ
Questions people ask.
What is the difference between intoxication assault and intoxication manslaughter?
Intoxication assault is charged when someone suffers a serious bodily injury, and it is a third degree felony. Intoxication manslaughter is charged when someone dies, and it is a second degree felony. Both require proof that the intoxication caused the harm.
Can I get probation?
Probation is possible in some cases, but deferred adjudication is not. A deadly weapon finding can stop a judge from granting probation, and a jury can only recommend it when the sentence is 10 years or less. These rules are why the details of the charge matter so much.
What if the other driver caused the crash?
Then the intoxication may not be the legal cause of the injury or death, and that is a defense. Proving it takes reconstruction, video and witness work done early, before the evidence is gone.
They took my blood at the hospital. Can that be challenged?
Often, yes. We look at whether there was a warrant, whether the State got the hospital records properly, and whether a hospital result was converted correctly. Each of those can affect what the jury hears.
Can I contact the other family to apologize?
We understand the need to. Right now, contact can be misread, can be used in court and may violate a bond condition. Talk to us first, and we will tell you if and when there is an appropriate way.
How much does it cost to hire you?
The first consultation is free and confidential, by phone, video or in person. We discuss the fee and payment options up front, before you sign anything.
Related situations
- Felony and repeat DWI
- DWI
- Jail release, bond and warrants
- Murder and manslaughter
- Immigration consequences of a charge
- DWI license hearing (ALR)
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.