If a driver (age 21 or older) accidentally runs over and kills someone while driving under the influence of alcohol, the worst offence with which the driver may be charged is intoxication manslaughter.
According to the Texas Penal Code, a person may be prosecuted with intoxication manslaughter if their intoxication directly contributed to the death of another person.
Additionally, the driver had to have been on a public road when the collision happened. Although it is possible, probation isn't usually a given in cases of driving homicide.
Thus, it is intoxication manslaughter.
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