NEW TEXAS INTOXICATION MANSLAUGHTER LAW 

Senate Bill 745: New Texas Intoxication Law: The First-Degree Enhancement for Multiple Victims

The Texas Intoxication Manslaughter Law saw a drastic new change in sentencing exposure with Senate Bill 745 (SB 745). The new law took effect on September 1, 2025. Previously, Intoxication Manslaughter was a Second-Degree Felony. This meant a punishment range of 2 to 20 years in prison. https://legiscan.com/TX/bill/SB745/2025

The new law increases the punishment to a First-Degree Felony if a defendant causes the death of more than one person in the same criminal transaction. This First-Degree Felony punishment is 5 to 99 years or life in prison. The change eliminates the need for prosecutors to “stack” sentences. They can now seek a life sentence on a single count. The legislature specifically amended the law’s enhancement section to target multi-fatality accidents. This effectively treats an accident with multiple victims as the same sentencing range as first-degree murder.

Core Defense Strategies Against New Texas Intoxication Manslaughter Law

Defense requires an aggressive, highly technical strategy. Emotional appeals fail against a potential life sentence. A case under the new Texas Intoxication Manslaughter law requires a meticulous defense.

1. Challenging the “Same Criminal Transaction”

The First-Degree enhancement in the Texas Intoxication Manslaughter law relies entirely on the phrase “same criminal transaction”. This legal term is often unclear in vehicular cases.

• The Scenario: A driver strikes Vehicle A (a fatality occurs). The driver then panics or loses control, striking Vehicle B (a second fatality occurs).
• The Argument: The defense can argue these are separate transactions. Defense counsel argues the impacts should be charged as separate Second-Degree Felonies. The court should not use a single aggregated First-Degree Felony charge. This argument works if time, distance, or a distinct act separates the initial and secondary impacts.
• Why This Matters: Defeating the aggregation removes the “Life” sentence option. It caps the exposure at 20 years per count.

2. Attacking Causation in Multi-Victim Cases under the New Texas Intoxication Manslaughter Law:

The State must prove the defendant’s intoxication caused each death to trigger the First-Degree enhancement. The defense must meticulously reconstruct the accident. We work to isolate the cause of death for each victim.

• Intervening Causes: The defense can argue that intoxication did not legally “cause” a specific death. An intervening cause must have broken the link.
  • Seatbelt Failures: If Victim 2 was ejected because they did not wear a seatbelt, the defense argues intoxication did not legally cause that second death.
  • Medical Malpractice: The causal link is broken if a victim survives the crash but dies later from negligent medical care.
• The Outcome: Successfully challenging the causation of one death makes the “multiple victim” element fail. The charge then reverts to a Second-Degree Felony.

3. Challenging Intoxication as the Cause

For any Intoxication Manslaughter charge, the State must prove the defendant’s intoxication caused the death. The law requires prosecutors to prove a causal link between the impaired state and the fatal outcome.

• Causal Link Requirement: The State must show two things:
  • 1. The defendant was legally intoxicated (e.g., BAC of 0.08 or greater).
  • 2. The intoxicated driving act caused another person’s death.
• Defense Strategy: The defense argues the accident was caused by factors independent of the intoxication.
  • External Factors: Poor road conditions, bad weather, or an unavoidable mechanical failure caused the accident.
  • Contributory Negligence: The victim or another driver was speeding or ran a stop sign. This made the accident unavoidable despite the intoxication.
  • Concurrent Causation: This doctrine allows the defense to argue a concurrent cause was “clearly sufficient” to produce the fatal result. This cause must be independent of the defendant’s intoxication. Accident reconstruction experts analyze the scene. They determine if intoxication was truly the “but for” cause of the death.

Conclusion

SB 745 fundamentally shifted the Texas Intoxication Manslaughter law. The new law focuses severe penalties entirely on the outcome, not the driver’s intent. A driver with no prior criminal history now faces the same serious felony charges as someone committing a premeditated, life-ending crime. Your defense must rest on forensic, technical expertise.

📞 Act Now: CALL PAUL

For the strategic, forensic dismantling of the State’s evidence required to defend a First-Degree Felony intoxication manslaughter charge, contact: /lawyers/paul-meyers/

Paul Meyers

The Meyers Firm, PLLC

936-766-5171

meyerspaulesq@gmail.comrs Firm, PLLC 936-766-5171 meyerspaulesq@gmail.com