One of the dangers of driving under the influence is that you just never know what could happen. The worst-case scenario is that you cause a crash that kills someone.
Here in Texas, if the person who is killed is the parent or legal guardian of a minor child, you could end up having to pay restitution (basically, child support) to help with the cost of raising that child to adulthood.
More states are considering or have enacted laws like this one, which took effect in Texas this September. Let’s look at a few specifics of it.
What does the law say?
Judges are required to order anyone who’s been convicted of intoxication manslaughter where a victim was a parent or guardian to make restitution payments until the child (or children) turns 18 (sometimes 19). They’re typically made to the court every month. This is on top of what can be a 20-year prison term and other penalties.
The amount of restitution is based on the educational, medical and everyday needs of the child, the resources of a surviving parent or other caregiver and the resources of the defendant. A judge can also consider the child’s standard of living before they lost their parent.
If someone’s locked up for years, how are they supposed to make these payments?
If the person convicted of intoxication manslaughter doesn’t have the necessary resources while they’re incarcerated, they have up to a year after their release to begin making payments. That’s the case even if the child is no longer a minor. The law specifically says that when a person begins making these payments, they must cover “all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined….”
Generally, the court will work out a monthly payment plan with the convicted driver and payments will go through the court. That helps eliminate the need for contact between them and the family.
A conviction related to drunk driving can affect your life far into the future if the consequences are serious. That’s why it’s crucial to get experienced legal guidance as soon as possible to protect your rights and advocate for you throughout the process.