Few moments in life carry more weight than being charged with causing someone else’s death behind the wheel. Whether it was a split-second mistake, an accident that spiraled out of control, or a situation involving disputed facts, the legal consequences in Texas are serious and can reshape your entire future. Understanding what Texas law actually says about vehicular manslaughter is the first step toward building a real defense.
Does Texas Have a Specific Vehicular Manslaughter Law?
Texas does not use the term “vehicular manslaughter.” Instead, these cases are charged under manslaughter or criminally negligent homicide statutes.
Texas does not have a standalone vehicular manslaughter statute. What most people refer to as vehicular manslaughter is prosecuted under the Texas Penal Code, primarily under two charges: manslaughter (Section 19.04) and criminally negligent homicide (Section 19.05). The specific charge depends on your mental state at the time of the incident and the circumstances surrounding the crash.
This distinction matters enormously. The difference between recklessness and criminal negligence is not just legal jargon; it determines whether you face a second-degree felony or a state jail felony, and it shapes every aspect of how your case is handled.
What Is Manslaughter Under Texas Law?
Texas Penal Code Section 19.04 defines manslaughter as recklessly causing the death of another person, charged as a second-degree felony.
Under Texas Penal Code Section 19.04, a person commits manslaughter when they recklessly cause the death of another individual. In a driving context, recklessness means consciously disregarding a substantial and unjustifiable risk. Speeding through a red light, street racing, or driving while intoxicated and causing a fatal crash are common scenarios prosecutors use to support a manslaughter charge.
Manslaughter is a second-degree felony in Texas. A conviction carries:
- 2 to 20 years in the Texas Department of Criminal Justice
- A fine of up to $10,000
- Significant collateral consequences associated with a felony conviction
If alcohol is involved, prosecutors may also pursue intoxication manslaughter under Texas Penal Code Section 49.08, which carries its own penalties and mandatory minimum sentences.
What Is Criminally Negligent Homicide?
Criminally negligent homicide under Texas Penal Code Section 19.05 is a state jail felony that applies when a driver fails to perceive a substantial risk of death.
Criminally negligent homicide applies when a person causes death through criminal negligence rather than conscious recklessness. The key difference is awareness. A reckless person is aware of a substantial and unjustifiable risk and consciously disregards it. A criminally negligent person ought to be aware of a substantial and unjustifiable risk that their conduct could cause the death of another person.
In traffic fatality cases, prosecutors may allege criminally negligent homicide when a driver’s conduct, such as distracted driving, failure to yield, or disregarding a stop sign, allegedly amounts to criminal negligence and causes another person’s death. Prosecutors in Collin County take these cases seriously even when there is no allegation of intoxication.
Criminally negligent homicide is a state jail felony, which carries:
- 180 days to 2 years in a state jail facility
- A fine of up to $10,000
While this is a lesser charge than manslaughter, a state jail felony conviction can have significant long-term consequences for a person’s employment, professional opportunities, and other aspects of life.
What About Intoxication Manslaughter?
Intoxication manslaughter under Texas Penal Code Section 49.08 is generally a second-degree felony when a person operates a motor vehicle in a public place while intoxicated and, by reason of that intoxication, causes another person’s death. However, Texas law provides circumstances in which intoxication manslaughter may be enhanced to a first-degree felony, including certain cases involving the death of a firefighter or emergency medical services personnel or the deaths of multiple people during the same criminal transaction.
When a driver is legally intoxicated, and that intoxication causes a fatal accident, Texas prosecutors typically pursue intoxication manslaughter rather than standard manslaughter. When charged as a second-degree felony, intoxication manslaughter carries a punishment range of 2 to 20 years in the Texas Department of Criminal Justice and a fine of up to $10,000. Enhanced first-degree felony cases are subject to a different punishment range.
A conviction for intoxication manslaughter can result in a driver’s license suspension. Under Texas law, the suspension period for intoxication manslaughter is generally six months to two years, as ordered by the court, and additional ignition-interlock requirements may apply depending on the circumstances and applicable law.
How Do Prosecutors Build These Cases in Plano?
Collin County prosecutors rely on toxicology reports, crash reconstruction, witness accounts, and surveillance footage to pursue vehicular manslaughter charges.
Fatal-crash investigations may involve local law enforcement, state agencies when appropriate, accident reconstruction specialists, and other investigators. The evidence may include toxicology results, vehicle data, cell phone records, witness statements, and available camera footage.
Early involvement of a defense attorney is critical in these situations. Evidence is gathered quickly, and statements made in the hours after a crash can be used against you in court. You have the right to remain silent and to have legal representation before speaking to any investigator.
What Defenses Are Available?
The right defense depends entirely on the specific facts of your case. Some of the most common and effective defenses in Texas vehicular manslaughter cases include challenging the state’s evidence of recklessness or negligence, disputing the accuracy of toxicology results, questioning whether the defendant’s conduct was the actual legal cause of death, and raising issues with how evidence was collected or preserved.
No two cases are identical, and a thorough review of the facts is always the starting point.
Facing These Charges? Wilder Law Firm Is Ready to Help.
A charge of this magnitude deserves serious, dedicated attention. At Wilder Law Firm, we are a smaller, independent firm driven by results and driven to defend. We do not measure success by the number of cases we close; we measure it by the genuine outcomes we secure for people who are facing some of the hardest moments of their lives. When you come to us, we treat your situation with the care and urgency it deserves.
If you or someone you love is facing vehicular manslaughter charges in Plano or anywhere in Collin County, do not wait. Contact us today or call us at 214-949-4687 to talk through your situation with a team that genuinely wants to help.
Last updated: September 2026
