Texas Codes
Tex. Penal Code § 49.08 (2026)
Intoxication Manslaughter
✓ current as of May 2026
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Sec. 49.08. INTOXICATION MANSLAUGHTER. (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.
(b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 11, eff. Jan. 1, 2000.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 662 (H.B. 1212), Sec. 3, eff. September 1, 2007.
Notes of Decisions
Cited in 324
cases (44 in the last 5 years), 1995–2026 · leading case: United States v. Key, 599 F.3d 469 (5th Cir. 2010).
United States v. Key, 599 F.3d 469 (5th Cir. 2010). “The federal government charged Key with driving a motor vehicle in a public place while intoxicated, and by reason of that intoxication causing Sergeant Araujo's death, in violation of Tex. Penal Code § 49.08 ("Intoxication Manslaughter"), assimilated through the Assimilative…”
Ex Parte Roemer, 215 S.W.3d 887 (Tex. Crim. App. 2007). “ Defendant # 2: Convicted in Texas of Intoxication Manslaughter under Texas Penal Code Section 49.08 on September 1, 1994, and currently on trial for the offense of Driving While Intoxicated under Texas Penal Code Section 49.”
Wooten v. State, 267 S.W.3d 289 (Tex. App. 2008). “Tex. Penal Code Ann. § 49.08 (a) (Vernon 2003); Garcia v.”
Bigon v. State, 252 S.W.3d 360 (Tex. Crim. App. 2008). “02(b)(3) and TEX. PEN.CODE ANN. § 49.045; TEX. PEN.CODE ANN.”
Glauser v. State, 66 S.W.3d 307 (Tex. App. 2001). “See Tex.Penal Code § 49.08. The jury assessed punishment at four years imprisonment in each case.”
Jackson v. State, 50 S.W.3d 579 (Tex. App. 2001). “); see also Tex.Penal Code Ann. §§ 49.08; 49.11 (Vernon Supp.”
United States v. Trujillo, 4 F.4th 287 (5th Cir. 2021). “§ 1326 (b)(2) based on his prior conviction under Texas Penal Code § 49.08(a). But as it turns out, the error did not ultimately affect his sentence.”
Garcia v. State, 112 S.W.3d 839 (Tex. App. 2003). “SUFFICIENCY OF THE EVIDENCE In his third and fourth points of error, appellant argues the evidence was legally and factually insufficient to sustain his conviction for intoxication manslaughter. Because the State failed to show appellant’s intoxication caused complainant’s…”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). “2d 390, 394-95 (1987)); Tex. Penal Code Ann. § 49.08 (offense called "intoxication manslaughter" and requires no culpable mental state if driver was operating motor vehicle while intoxicated); Fla.”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). “, 137, quoting Texas Penal Code Ann. § 49.08 (Vernon 1994).”
Douthitt v. State, 127 S.W.3d 327 (Tex. App. 2004). “Tex. Pen.Code Ann. § 49.08 (West 2003). Appellant contends the district court reversibly erred by admitting the results of field sobriety and intoxilyzer tests.”
DeLarue v. State, 102 S.W.3d 388 (Tex. App. 2003). “Tex. PeN. Code § 49.08 (Vernon 1994). On appeal, appellant asserts five points of error.”
— Tex. Penal Code § 49.08(B) — 2 cases
Ex Parte Christopher Floyd (Tex. App. 2019).
Ex Parte Christopher Floyd (Tex. App. 2019).
— Tex. Penal Code § 49.08(a) — 42 cases
United States v. Trujillo, 4 F.4th 287 (5th Cir. 2021). “§ 1326 (b)(2) based on his prior conviction under Texas Penal Code § 49.08(a). But as it turns out, the error did not ultimately affect his sentence.”
Glauser v. State, 66 S.W.3d 307 (Tex. App. 2001). “See Tex.Penal Code § 49.08. The jury assessed punishment at four years imprisonment in each case.”
United States v. Key, 599 F.3d 469 (5th Cir. 2010). “The federal government charged Key with driving a motor vehicle in a public place while intoxicated, and by reason of that intoxication causing Sergeant Araujo's death, in violation of Tex. Penal Code § 49.08 ("Intoxication Manslaughter"), assimilated through the Assimilative…”
Moore v. State, 520 S.W.3d 906 (Tex. Crim. App. 2017).
Ex Parte Roemer, 215 S.W.3d 887 (Tex. Crim. App. 2007). “ Defendant # 2: Convicted in Texas of Intoxication Manslaughter under Texas Penal Code Section 49.08 on September 1, 1994, and currently on trial for the offense of Driving While Intoxicated under Texas Penal Code Section 49.”
— Tex. Penal Code § 49.08(a)(1) — 7 cases
Martinez v. State, 66 S.W.3d 467 (Tex. App. 2002).
Gowans v. State, 995 S.W.2d 787 (Tex. App. 1999).
Rodney Gowans v. State (Tex. App. 2020).
Steven Xzavier Medina v. the State of Texas (Tex. App. 2024).
Jacqueline Kae Norris v. State (Tex. App. 2014).
— Tex. Penal Code § 49.08(a)(2) — 5 cases
Douthitt v. State, 127 S.W.3d 327 (Tex. App. 2004). “Tex. Pen.Code Ann. § 49.08 (West 2003). Appellant contends the district court reversibly erred by admitting the results of field sobriety and intoxilyzer tests.”
Jason Auvenshine v. State (Tex. App. 2019).
Dylan Jezreel Garcia v. State (Tex. App. 2015).
Dylyn Reed Richards v. State (Tex. App. 2015).
David Michael Martin v. State (Tex. App. 2014).
— Tex. Penal Code § 49.08(b) — 23 cases
Jeffery Martinez v. State (Tex. App. 2016).
Margarito Perez Carmona v. State (Tex. App. 2018).
State v. Sean Michael McGuire (Tex. App. 2019).
Ex Parte Christopher Floyd (Tex. App. 2019).
Ex Parte Christopher Floyd (Tex. App. 2019).
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