Being found guilty of causing a car crash that results in someone’s death can result in significant consequences. If a driver who caused a crash is alleged to have been under the influence of alcohol and/or drugs, the offense at issue is likely intoxication manslaughter. A conviction can carry a sentence of up to 20 years in prison in addition to hefty fines.
Further, here in Texas, anyone convicted of intoxication manslaughter can now be ordered to pay restitution in the form of child support to any minor children left behind when a parent or legal guardian is killed. Texas is one of a handful of states that have enacted what’s often referred to as “Bentley’s Law.” More states are considering similar legislation to increase the penalties for those who kill others on the road while under the influence.
How is restitution determined by the court?
A judge can order a convicted defendant to pay restitution until a minor child turns 18 or 19, depending on how old they are when they finish high school. This amount is based on factors including the following:
- The financial, medical, educational and other needs of the child
- The child’s standard of living prior to losing their parent or guardian
- The ability of the adult caring for the child (their surviving parent or designated legal guardian) to financially support them
The driver’s financial resources are also considered. It’s crucial to note that when restitution is ordered, the driver is required to pay the full amount even if they’re incarcerated for some or all of the child’s remaining years as a minor.
How can a prison sentence affect restitution payments?
If a defendant isn’t able to make these payments while they’re incarcerated, they can delay them until up to a year after they’re released. However, the law states that they’re then required to pay “all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined….”
This added consequence of an intoxication manslaughter conviction raises the stakes not just for driving under the influence of alcohol and/or drugs but for dealing with a crash in which a person is alleged to have been under the influence. This is just one reason why it’s critical to get legal guidance as early as possible in the wake of such charges.