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In Texas, you are normally charged with Intoxication Manslaughter, which will usually result in a couple years in jail. The lack of murderous intent is the major thing that prevents lengthy sentencing, combined with the fact that most people will admit to driving when they probably shouldn't have. Some people just get unlucky and hit someone. Yes, it's stupid and wrong, but unfortunately people just don't think clearly when they are hammered. Main reason why I drink at home if I feel like doing it.
Of course, if you have more than 3 DWIs in Texas and then kill someone, you can be charged with Intoxication Murder, which has a penalty range of 50-99 years.
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