Drunk Driving Accidents in Texas: What Victims and Families Need to Know

A drunk driving crash is not an accident in the ordinary sense — it’s the entirely preventable consequence of a choice someone made to get behind the wheel while impaired. Texas law reflects that distinction in how it handles these cases, and victims of drunk drivers generally have strong legal footing to pursue both criminal accountability and civil compensation. If you or someone in your family has been seriously injured or killed by a drunk driver, here’s what you need to understand about your rights and your options. More about our Car Accident Lawyers here.

Criminal Prosecution and Civil Claims: Two Separate Paths

One of the most common questions people ask after a drunk driving crash is whether the driver can go to jail and whether the victim can also sue. The answer to both is yes — and the two proceedings are independent of each other. Texas law permits a drunk driver to be prosecuted through the criminal court system, where they may face DWI charges, fines, and incarceration. Simultaneously, the injured victim or the surviving family of someone killed by a drunk driver can pursue a separate civil lawsuit to recover financial compensation for their losses. A guilty plea or conviction in the criminal case can strengthen the civil claim, but the civil case can proceed and succeed regardless of how the criminal matter resolves.

What Damages Are Available in a Drunk Driving Case

Victims of drunk driving accidents in Texas can pursue a full range of damages that reflect the true scope of their losses. These include past and future medical expenses, lost wages during recovery, reduced earning capacity if the injury has long-term effects on the victim’s ability to work, vehicle repair or replacement costs, rental car expenses, tax and licensing fees, and non-economic damages for pain and suffering.

In drunk driving cases specifically, punitive damages are also available in Texas. Unlike compensatory damages that reimburse actual losses, punitive damages are designed to punish the defendant for especially reckless conduct — and few things qualify more clearly as reckless than choosing to drive while intoxicated. When significant injuries or death occurred, courts have awarded substantial punitive damages in drunk driving cases, which can dramatically increase total recovery beyond what compensatory damages alone would provide.

What If the Driver’s BAC Was Just Under the Legal Limit

Texas sets the legal blood alcohol concentration limit at 0.08 percent, but that threshold matters primarily in the criminal context. For civil negligence purposes, a driver doesn’t have to be “legally drunk” to be held liable for injuries they caused. In Texas civil courts, driving under the influence of alcohol — even at levels below the legal limit — is generally considered negligence when that impairment contributed to a crash. If the driver had been drinking and caused an accident, the question isn’t whether they crossed an arbitrary legal threshold but whether their alcohol consumption impaired their ability to drive safely and contributed to your injuries. The answer to that question can support civil liability even when a criminal DWI charge might not stick.

Passengers Injured in a Drunk Driver’s Own Vehicle

Victims of drunk driving crashes aren’t limited to people in other vehicles. If you were a passenger in a vehicle driven by a drunk driver who crashed, you have every right to bring a civil lawsuit against that driver for your injuries. Drivers owe a legal duty of reasonable care to their passengers just as they do to other drivers and pedestrians sharing the road. Accepting a ride does not constitute consent to negligent or reckless operation of the vehicle, and it doesn’t limit your right to seek compensation when that negligence causes you harm.

Drug Impairment Is Treated the Same as Alcohol

Texas DWI law covers impairment from illegal drugs as well as alcohol, and the same principle applies in civil cases. A driver who caused an accident while under the influence of marijuana, prescription medications taken in excess, or any other substance that impaired their ability to drive safely can be held liable for the injuries that result. The specific substance involved may affect aspects of the evidence gathering and the criminal prosecution, but it doesn’t change the fundamental civil claim: impaired driving that causes injury creates legal liability.

Dram Shop Liability: When the Bar Shares Responsibility

In some drunk driving cases, liability extends beyond the driver to the establishment that served them. Texas dram shop law allows injured victims — and the drunk driver themselves in certain circumstances — to pursue claims against bars, restaurants, and other licensed establishments that over-served a visibly intoxicated patron who then caused an accident. These claims require showing that the establishment served the driver in a condition where they were obviously intoxicated and presented a clear danger, and that this over-service contributed to the crash.

Dram shop cases involve their own investigative requirements — obtaining sales records, surveillance footage, staff witness accounts, and expert analysis of alcohol consumption timelines — and pursuing them alongside the claim against the driver can substantially increase total recovery. Our firm has the resources and experience to conduct this investigation effectively and to hold every responsible party accountable.

Will Your Case Go to Court

Many drunk driving accident cases resolve through settlement before trial. When liability is clear and the injuries are serious, insurance companies often prefer to settle rather than face a jury that may award punitive damages on top of compensatory losses. Our attorneys always attempt to secure fair compensation through negotiation first — but if the other side won’t offer what our client is genuinely owed, we take the case to court. Our track record in the courtroom gives insurance companies reason to settle fairly, and our clients benefit from that leverage throughout the process.

If you or someone you love has been seriously injured or killed by a drunk or impaired driver in McAllen, San Antonio, or anywhere in South Texas, call J.A. Davis & Associates today for a free consultation.

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