Josh Brent Intoxication Manslaughter in Dallas County Texas

Jury Selection in the Josh Brent intoxication manslaughter trial began last week in Dallas County. A jury was seated yesterday. The jury pool consisted of 120 people, double the standard number. Brent is a very high profile defendant and former NFL nose tackle.

In late 2012, after leaving Beamers, a Dallas nightclub, Brent flipped his 2007 Mercedes and crashed near highway 114. Passenger Jerry Brown died as a result of the crash. Brown was a Dallas Cowboys’ practice squad player.

Shortly after the accident, Brent’s Blood alcohol concentration measured .189, more than twice the legal limit. Having a blood alcohol concentration that high carries with it increased penalties. Ordinarily, in a regular DWI charge without the intoxication manslaughter charge, blowing over a 0.15 kicks the charge from a Class B to a Class A misdemeanor, meaning that the maximum jail time increases from 180 days to 1 year.

Even if Brent refused to submit to a blood test, it would not have mattered. Although the transportation code allows that a person can refuse to take a blood or breath test, a person cannot refuse by law if the DWI arrest involves an accident in which someone was seriously injured or killed.

Following the accident, the Texas Alcoholic Beverage Commission investigated Beamers and determined that employees encouraged excessive drinking and served alcohol to intoxicated patrons. They will hold off sanctioning the club until Brent’s trial is concluded.

Intoxication Manslaughter is a second degree felony. A conviction would carry a sentence of 2 to twenty years although probation is possible. Opening statements will begin in the Josh Brent intoxication manslaughter trial on Monday morning.