If you are trying to understand Bentley’s Law in Texas, you are likely facing one of the hardest situations a person can go through. Maybe you or someone you love caused a fatal crash while driving, and now the legal fallout feels endless. On top of a serious criminal charge, Texas law can require years of child support payments to the family left behind. It is normal to feel overwhelmed and frightened right now. The stakes reach your freedom, your finances, and your future all at once. At McCarty-Larson, PLLC, we help people who are facing exactly this kind of case. Our team serves clients throughout Ellis County, Johnson County, Tarrant County, and Dallas County. This guide explains what Bentley’s Law is, who it applies to, and how the payments work.
When you choose McCarty-Larson, you’re choosing a legal team that will stand by you every step of the way.
The Short Answer
Bentley’s Law in Texas requires anyone convicted of intoxication manslaughter to pay child support if the crash killed the parent or guardian of a minor child. The court sets a monthly amount, and the payments continue until the child turns 18 or finishes high school. This is a separate consequence on top of any prison time or fines.
What Is Bentley’s Law in Texas?
Bentley’s Law is the common name for a Texas law that passed in 2023. Lawmakers added it to the state’s Code of Criminal Procedure as Article 42.0375, and it took effect on September 1, 2023. Under this law, a person convicted of intoxication manslaughter must pay restitution to any minor child whose parent or guardian died in the crash. The court has no choice about whether to order it.
The law is named after a young boy named Bentley. He and his brother lost their parents to a drunk driver, and their grandmother pushed for a law to hold impaired drivers accountable. Tennessee passed the first version, and Texas followed. The idea behind it is simple. When a drunk driver takes a parent away, the children left behind should not also lose the financial support that parent would have provided. Lawmakers saw it as another way to give families a measure of justice.
Who Does Bentley’s Law Apply To?
Bentley’s Law only applies after a conviction for intoxication manslaughter. That charge happens when someone drives while intoxicated and causes another person’s death. It is a second-degree felony in Texas, which already carries two to twenty years in prison. If you want a fuller picture of how these charges work, our Texas DWI lawyers break down the full range of intoxication offenses.
It also does not matter what caused the intoxication. The law applies whether the driver was impaired by alcohol, illegal drugs, or even prescription medication. Intoxication manslaughter can also arise from operating a boat or another vehicle, not just a car, so the reach is broader than many people expect.
Two things must be true for the law to apply. First, there must be a conviction, not just an arrest or a charge. Second, the person who died must have been the parent or guardian of a child under 18. If both are true, the court is required to order restitution. The judge does not decide whether to order it, only how much.
How Much Do You Have to Pay Under Bentley’s Law?
The law does not set a flat dollar amount. Instead, the court looks at the full picture and decides a fair monthly figure. Judges weigh the financial needs of the child, the resources of the surviving parent or guardian, any child care costs they face, and what the defendant can actually afford. In many ways, the process mirrors how a court sets ordinary child support. Because the numbers can climb quickly, our Texas child support lawyers often help clients understand what a court may order.
Picture a driver convicted after a crash that killed a young mother with two small children. The court would look at what those children need, what the surviving family brings in, and what the driver earns, then set a monthly payment that can last for years. The payments are directed to the surviving parent or guardian, or to the Department of Family and Protective Services when needed. The Texas Attorney General can step in to enforce the order, just as the state enforces regular child support.
How Long Do the Payments Last?
Payments continue until the child turns 18 or graduates from high school, whichever comes later. So if a child is very young at the time of the crash, the obligation can stretch on for well over a decade. The law does not require payments to anyone who is already 19 or older.
Prison does not erase the obligation. If a defendant is locked up and cannot pay, the payments are paused, not canceled. Once released, the person must start paying within one year and catch up on everything that piled up while they were incarcerated. Missing that window is not an option, because the state and the surviving family can both enforce the order.
Bentley’s Law Comes on Top of the Criminal Sentence
This is the part people miss. Bentley’s Law does not replace prison time or fines. It stacks on top of them. A conviction for intoxication manslaughter can already mean years behind bars and a fine of up to $10,000. A fine is money paid to the state. Restitution under Bentley’s Law is different, because it goes directly to the child who lost a parent, and it can follow a person long after they leave prison.
There is one narrow bit of relief built in. If the family also wins a civil lawsuit against the driver, any restitution already paid under Bentley’s Law is credited against that judgment. So a driver does not pay twice for the same loss. Even so, the criminal restitution stands on its own and does not wait for a civil case to play out.
That is exactly why the fight over the underlying charge matters so much. Everything under Bentley’s Law flows from a conviction. If the intoxication manslaughter charge is reduced, dismissed, or beaten, the mandatory restitution never attaches. These cases turn on hard questions of causation, intoxication, and the accuracy of blood or breath evidence. A single weak link in the state’s proof can change the entire outcome. The earlier a lawyer starts building that defense, the more room there is to protect your future.
How McCarty-Larson Can Help
If you are facing an intoxication manslaughter charge in Texas, you are not just fighting for your freedom. You are fighting to protect years of your life from the consequences that follow. Robin McCarty and the team at McCarty-Larson, PLLC bring a background as former prosecutors and law enforcement officers, so we know how the state builds these cases and where they can break down. Here is how we help:
- Challenge the evidence of intoxication, including breath and blood test results
- Examine the crash investigation and question the state’s proof of causation
- Fight to reduce or dismiss the charge before a conviction ever triggers Bentley’s Law
- Explain how a restitution order would work and what a court may order
- Protect your rights during every stage of the case
- We serve clients across Ellis County, Johnson County, Tarrant County, and Dallas County
Contact McCarty-Larson Today
An intoxication manslaughter charge carries consequences that can last for years, so acting early is the best way to protect yourself. Contact McCarty-Larson, PLLC today for a free, confidential consultation. Our Texas DWI defense attorneys are ready to stand by you every step of the way.