Trial-Tested Intoxication Manslaughter Defense
Not many DWI lawyers in Texas can fight and win intoxication manslaughter cases — many of the lawyers calling themselves intoxication manslaughter lawyers on their websites haven’t even tried an intoxication manslaughter case.
Mark Thiessen has tried and won many intoxication manslaughter cases.
Don’t trust anyone telling you that they’re the best on a billboard, commercial, or paid advertisement, trust the team that actually wins cases.
You’ve got to work fast. As you make the decision about who to hire to represent you in this life-altering case, the prosecution is already building their case against you.
Give as little information as possible to police. These conversations can all be used as evidence against you. You may need to give the bond company basic information about the charges against you, but resist the urge to explain yourself. Talk to a lawyer before you talk to anyone else.
The Texas Supreme Court has defied intoxicated in three ways: 1). Not having the normal use of one’s mental faculties; 2). Not having the normal use of one’s physical faculties; or 3). Having a breath or blood alcohol concentration of 0.08 or more. A person may be intoxicated on alcohol, drugs, dangerous drugs, prescription medication, over the counter medication, controlled substances or any combination thereof. It’s not a defense that you are on drugs and not alcohol. You can even get a DWI for taking your prescribed medication or over-the-counter medications!
Actually, case law specifically prohibits the court from defining normal. That being said, the district attorney is allowed to argue that normal refers to an average person’s abilities. However, the skilled trial lawyer will be able to show that just because you are not necessarily average, whatever that is, that you are still normal and were acting within your normal mental and physical faculties. Things to keep in mind: level of education, learning disabilities, mental illnesses, physical injuries or handicaps, and just general clumsiness, nervousness or inexperience with the tests. Additionally, fevers, dental work, GERD or acid reflux disease, liver or kidney damage, and blood issues may all affect a blood or breath alcohol concentration level.
NO TEST, NO ACCIDENT! My client went to the Yankees/Astros game 6 on October 20th, 2017. He arrived at around 6pm and had dinner at Home Plate. During the game, he admitted to having 3 to 4 beers in total. After the game, my client waited the crowd to die down and the celebration to end before making his way to his parked truck. After fighting traffic, he was traveling home and passed a few cars, by speeding up. A Deer Park police officer saw him and followed him for a bit. On video, my client did not commit one traffic offense when the officer pulled him over. My client immediately pulled his car over and was very polite to the officer. After my client admitted to drinking at the ball game, the officer initiated a DWI investigation and was subsequently arrested.
During trial, the officer said my client had slurred speech, red bloodshot eyes, and a strong odor of alcohol on his breath. During the HGN portion of the SFST, the officer had my client looking at a train as he was administering the HGN (6/6). My client did horrible on the WAT 7/8 and OLS 3/4. My client refused to give a sample of breath and the officer decided not to get a warrant for blood. On cross-examination, the officer admitted my client did not lose any mental faculties and he did not have slurred speech. The officer also admitted his mistake on the HGN and said he would have done things differently. I argued my client had 3-4 beers over a 5-hour span and did not lose his mental faculties. The jury returned a verdict of “not guilty” in less than 10 minutes.
TEXAS V. J.A.
Harris County No. 16
Aug 7, 2018
0.226 BLOOD TEST!! Client works at a local bar and was on his way home at 4am Sunday morning. As he was driving home, a dump truck was trying to avoid another car on 45 South. Client had an accident and totaled his truck into a dump truck. An HPD DWI Task Force unit arrived on scene. Client was polite, handed his DL and answered all of her question. Client politely refused to perform Standard Field Sobriety tests stating that his attorney friends told him to never take those. Client was transported off the freeway and the officer again tried to get him to perform the tests. Client was always polite and looked and sounded normal on the video. Under cross examination the Officer finally admitted she arrested him because he smelled like alcohol and refused the tests. (Neither of those are illegal in Texas). A blood warrant was obtained and the analyst was called to testify. Like usual, the Houston Forensic Science Center analyst testified her result was accurate, the procedure was perfect and she made no mistakes. On cross she admitted that in preparing 25k vials she has never made a mistake and gave her performance 100%. The sample right before client’s was almost identical and just a “coincidence” according to the analyst. The analyst admitted she did not DNA test the sample and had no idea if the client even looked 3x the legal limit. She agreed to Dubowski’s chart on what people should look like and admitted she had no reason to think the client had any tolerance. Although we has an expert and the client ready to testify it was not needed. I could see the jurors shaking their head in disapproval of the State’s case for the entire trial. The jury returned a quick two word verdict. Thank you to the jury for following the law and not just blindly trusting in a ridiculous number that made no common sense. It was a strong and just verdict by a great jury to stand up for better forensic science. We truly need an independent lab in Houston who is not afraid to admit mistakes. NASA is not 100%, but the HFSC is? Yeah right!!
DWI 2ND / TEXAS V. L.J.
Harris County No. 12
Jul 31, 2018
“I'm a trial-tested Super Lawyer focused on fighting for my client's freedom. If you hire our firm, we're available 24/7, because, at the end of the day, we work for you.”
Mark Thiessen
DWI, Criminal & Civil Trial Defense Attorney
100+
NOT GUILTY VERDICTS
733 E. 12 1/2 Street
Houston, TX 77008
733 E. 12 1/2 Street
Houston, TX 77008
How We Win Intoxication Manslaughter Cases
See how we win!
Notable Victories
STATE V. W.C.
Intoxication Manslaughter
A tragic and unavoidable accident was upheld as such.
0.161 BLOOD TEST!!! Client came down from Dallas for the weekend. Checked into his AirBnB and then headed for the Strand. Didn’t know that it was Biker Weekend in Galveston and the Strand was packed. The client left about 11pm and was pulled over by UTMB police for failing to signal a lane change on Broadway. However, the video also showed the police officer doing the exact same thing. Client admitted to drinking and was wearing a “Fuck It, Let’s Drink” shirt...
STATE V. T.E.
Intoxication Manslaughter
We brought in an accident reconstructionist and discovered evidence tampering on the way to resolution.
0.161 BLOOD TEST!!! Client came down from Dallas for the weekend. Checked into his AirBnB and then headed for the Strand. Didn’t know that it was Biker Weekend in Galveston and the Strand was packed. The client left about 11pm and was pulled over by UTMB police for failing to signal a lane change on Broadway. However, the video also showed the police officer doing the exact same thing. Client admitted to drinking and was wearing a “Fuck It, Let’s Drink” shirt...
STATE V. I.L.
INTOXICATION MANSLAUGHTER
Bad police work threatened a young woman’s freedom. Thiessen Law Firm helped restore it.
0.161 BLOOD TEST!!! Client came down from Dallas for the weekend. Checked into his AirBnB and then headed for the Strand. Didn’t know that it was Biker Weekend in Galveston and the Strand was packed. The client left about 11pm and was pulled over by UTMB police for failing to signal a lane change on Broadway. However, the video also showed the police officer doing the exact same thing. Client admitted to drinking and was wearing a “Fuck It, Let’s Drink” shirt...
Mark Thiessen is a bulldog, who would not stop fighting until he got the result I required. His relentless and innovative effort, along with his team, made the difference in getting my case dismissed and expunged. His guidance through a nightmarish experience with a complicated legal system was invaluable.
Latest Testimonial
Quadruple Board-Certified DWI Defense Expert
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As of 2022, Mark is a 4x Board Certified Lawyer, a 10 time Texas Super Lawyer, 6 time Top 100 Super Lawyers in Houston and 4 time Top 100 Super Lawyers in all of Texas. For the past three years, Mark has been the only DWI lawyer listed in the Top 100 in Houston and one of two criminal Super Lawyers listed in the Top 100 Lawyers in Texas.
How We Win Intoxication Manslaughter Cases
Latest Testimonials
STATE V. M.F.
.146 BREATH TEST
When the DA refused to dismiss this case brought unfairly by a state trooper, we took it to trial and won.
STATE V. J.A.
.113 BLOOD TEST
We got the arresting officer to admit in court that our client had not lost mental faculties at the time of arrest.
STATE V. I.L.
INTOXICATION
MANSLAUGHTER
We helped a jury see that our client was not intoxicated at the time of a deadly accident.
Meet Mark Thiessen
Meet Mark Thiessen
Mark is the only lawyer in America who is quadruple board certified in:
Mark has also earned the American Chemical Society-Chemistry and the Law’s (ACS-CHAL) Forensic Lawyer-Scientist designation — the highest form of scientific recognition available for lawyers.
Simply put, Mark Thiessen is a criminal defense all-star. You can feel the difference the second you step in the courtroom with Mark by your side. The time he has taken to build relationships and earn respect is clear.
Debunking breath tests
Fighting and beating blood tests
Battling bad police work
Earning the respect of the court
Intoxication Manslaughter Penalties
Years in prison
In fines to the state
Hours of community service
License suspension
Intoxication Manslaughter Penalties
Years in prison
In fines to the state
Hours of community service
License suspension
Call 713.864.9000 or fill out the form below for a free consultation.
Call 713.864.9000 or fill out the form below for a free consultation.