Texas HB393: What Bentley’s Law Means for DWI Cases Involving Intoxication Manslaughter – Child Support in a Criminal Case!

When the Texas Legislature passed HB393, also known as Bentley’s Law, it sent a clear message: if you cause the death of a parent while driving intoxicated, the law will now hold you financially responsible for their children. This new statute introduces a dramatic shift in the consequences of a DWI conviction involving intoxication manslaughter.

As a Galveston DWI lawyer, law professor, and seasoned criminal defense attorney, I want to break down what this law means—legally, financially, and strategically—for anyone facing such a charge.

What Is Bentley’s Law? Understanding HB393

HB393 was signed into law by Governor Greg Abbott on June 2, 2023, and went into effect on September 1, 2023. Codified under Texas Penal Code § 49.08, this law applies in any DWI case where a person is convicted of intoxication manslaughter—the unintentional killing of another while operating a motor vehicle under the influence.

But here’s the major change: under Bentley’s Law, if the deceased was the parent or legal guardian of a minor child, the convicted individual must now pay child support.

Yes, you read that right.

This is Child Support on an Intoxication Manslaughter Case—a form of financial restitution that can extend until the child turns 18 or graduates high school.

How Restitution Works Under HB393

The law doesn’t set a flat rate. Instead, the court determines child support obligations based on several factors:

• The financial needs and resources of the child
• The financial needs and resources of the surviving parent or guardian
• The standard of living the child is accustomed to
• The emotional and educational needs of the child
• The defendant’s financial resources

If the defendant is incarcerated, payments are deferred—but not waived. Once released, they must begin paying within one year and catch up on anything owed.

In short, Bentley’s Law doesn’t just punish people criminally—it punishes them financially for years after a conviction.

Why HB393 Changes the Game in DWI Defense

This is a seismic shift in Texas DWI law.

Until now, a DWI Intoxication Manslaughter case came with serious consequences—prison time, a felony record, license suspension. But now, HB393 adds a long-term financial burden that could follow someone for decades. A single tragic incident can result in not only incarceration but also a child support order that persists long after parole ends.

And that’s why your defense strategy matters more than ever.

As a Galveston DWI lawyer, I’ve defended hundreds of clients facing serious intoxication charges. I also teach Texas criminal procedure to future lawyers. I know how the system works, and I know how to fight these cases from both a legal and human perspective.

Can You Fight a Child Support Order from a DWI Intoxication Manslaughter Case?

Absolutely—but you must fight the charge before conviction. Once the verdict is in, the support obligation is no longer up for debate. Your defense needs to:

• Challenge the probable cause for the stop or arrest
• Investigate flaws in the blood or breath testing
• Cross-examine the prosecution’s experts
• Explore alternative causes of death or causation
• Humanize the accused, especially in cases involving accidental loss

In other words, the best way to avoid child support on an intoxication manslaughter case is to avoid the conviction entirely. And that takes experience, skill, and aggressive representation.

What This Means for Defendants and Families

If you’ve been charged with DWI resulting in death, the stakes have never been higher. You are not just facing time behind bars. You are now facing years of financial restitution—even if the incident was an accident, and even if you’re deeply remorseful.

HB393 is designed to hold someone accountable, no matter how much time passes. But the law still allows room for a defense. You are presumed innocent. You have rights. You have options.

Call the Galveston DWI Lawyers Who Know How to Win

At Zendeh Del & Associates, PLLC, we’re not just another criminal defense firm. We’re the largest criminal defense firm in Galveston County, and our founder, Jonathan Zendeh Del, is one of only 16 attorneys in Texas recognized as a DWI Super Lawyer.

We’ve helped hundreds of clients walk away from charges that seemed impossible. We know how to fight intoxication manslaughter cases, and we understand the new consequences under Bentley’s Law.

If you or a loved one is facing a DWI charge in Galveston or the surrounding areas, don’t wait. The longer you delay, the more vulnerable you become.

📞 Call us 24/7 at (409) 740-1111

🌐 Or visit us at www.GalvestonJustice.com

Your future, your freedom, and your finances are all on the line. Let us fight for you.