Texas Drunk Driving Crashes: Legal Consequences and Victim Rights
Drunk driving presents a significant danger to other motorists on Texas roadways, resulting in thousands of crashes, injuries, and fatalities each year. According to recent data from the Texas Department of Transportation, impaired driving crashes occur frequently and contribute to a high number of deaths and serious injuries statewide. In 2024 alone, Texas recorded more than 1,000 fatalities and thousands of serious injuries in alcohol-related collisions, prompting statewide safety campaigns to reduce impaired driving.
When a drunk driver causes a crash, the consequences for the offender can be severe, but criminal penalties alone do not address the financial and personal losses suffered by victims. Gilbert Adams Law Offices has handled dozens of these types of cases. Understanding both the legal consequences for drunk drivers and the civil rights of victims is essential for anyone affected by these crashes. If you or a family member were injured in a crash with a drunk driver in Texas, contact Gilbert Adams Law Offices to speak with a Beaumont drunk driver crash lawyer helping injury victims throughout southeast Texas and statewide.
Criminal Penalties for Drunk Driving in Texas
Under Texas law, operating a motor vehicle while under the influence (DUI) is a criminal offense defined in the Penal Code. A person can be arrested for DUI not only when their blood alcohol concentration (BAC) is 0.08% or higher, but also if their normal mental or physical faculties are impaired by alcohol or drugs, regardless of BAC level.
The penalties for DUI escalate with each conviction. A first-offense DUI is typically classified as a misdemeanor, carrying fines, possible jail time, and license suspension. For example, a first DWI offense can result in up to $2,000 in fines, up to six months in jail, and a driver’s license suspension of up to one year. Subsequent offenses bring harsher penalties: fines up to $10,000 and prison terms of two to ten years for third or later convictions.
Drunk driving crashes that result in serious bodily injury or death lead to enhanced criminal charges. If a DWI causes serious physical injury to another person, the driver may be charged with intoxication assault, a third-degree felony punishable by years in prison and substantial fines. If a DWI results in the death of another person, the driver can face intoxication manslaughter, a more serious felony with even greater prison exposure.
In addition to these criminal penalties, driving drunk with a child passenger under 15 years old is itself a state-jail felony with significant fines and jail exposure.
Civil Rights of Drunk Driving Crash Victims
Criminal consequences reflect society’s condemnation of impaired driving, but they do not compensate victims for their losses. Regardless of whether a drunk driver is prosecuted or convicted, victims retain the right to pursue a civil personal injury claim against the driver to recover compensation for the harm they suffered.
In a civil lawsuit, the burden of proof is lower than in a criminal case – a victim need only show that it is more likely than not that the drunk driver’s negligence caused their injury. Civil claims focus on compensating victims for real losses, including:
- Medical expenses, both current and future
- Lost wages and loss of earning capacity
- Pain and suffering and mental anguish
- Property damage, including loss of use
- Loss of quality of life and other non-economic harms
Victims can pursue these damages in court or through negotiation with the at-fault driver’s insurer. Because criminal outcomes do not bind civil courts, a drunk driver may avoid prison yet still be required to pay damages if a civil claim is successful.
Punitive (Exemplary) Damages
Texas law allows for punitive damages in civil cases when the defendant’s conduct shows malice, gross negligence, or reckless disregard for the safety of others. Drunk driving frequently meets this threshold because operating a vehicle while impaired is inherently dangerous and shows a conscious disregard for life and safety. Punitive damages are separate from compensatory damages; they are designed to punish particularly egregious conduct and deter similar behavior. However, to secure such damages, a plaintiff must prove that the defendant’s actions reached the level of gross negligence or malice, and any award is subject to state statutory limits.
Holding Third Parties Accountable
In some cases, liability may extend beyond the drunk driver. Under Texas’s Dram Shop Law, bars, restaurants, or liquor stores may be held liable if they served alcohol to a “obviously intoxicated” person who causes a crash. To pursue a dram shop claim, victims must show that the establishment knowingly served someone who was already intoxicated and that this conduct contributed to the accident. Additionally, if a drunk driver was operating a vehicle for work purposes, an employer might be liable for the actions of their employee under established legal doctrines.
Comparative Fault and Damage Reduction
Texas follows a modified comparative fault system in civil negligence cases, meaning that compensation may be reduced if the victim shares some responsibility for the accident. If the victim’s percentage of fault exceeds 50 percent, they may be barred from recovering any damages. If less than 51 percent at fault, the victim’s award is reduced in proportion to their share of responsibility.
As egregious and obvious as drinking and driving is, it is still not uncommon for insurance companies to try to shift some of the blame onto the crash victim. A skilled injury attorney can help ensure that all of the responsibility stays where it belongs – on the drunk driver who caused the crash.
Why Legal Representation Matters
The legal landscape after a drunk driving crash is complex. Criminal courts and civil courts operate under different standards and goals. A conviction in criminal court does not automatically lead to full compensation for the victim’s losses. Insurance companies representing drunk drivers often try to minimize payouts, arguing comparative fault or disputing the severity of injuries.
Experienced personal injury attorneys know how to investigate crashes, gather evidence such as police reports and BAC results, secure witness statements, and present a compelling case for both economic and non-economic damages. Skilled lawyers also pursue punitive damages when appropriate, and they can identify all potentially liable parties, including dram shop defendants or employers.
Moving Forward After a Drunk Driving Crash in Texas
If you or a loved one has been injured in a drunk driving crash in Texas, understanding your rights and legal options is critical to securing fair compensation. Your attorney can help you navigate the civil claims process while you focus on recovery and rebuilding your life. The law provides remedies that go beyond criminal punishment to address your financial losses, pain and suffering, and long-term needs.
At Gilbert Adams Law Offices in Beaumont, we are committed to advocating for victims of drunk driving crashes throughout Southeast Texas and statewide. We offer experienced representation, thorough investigation, and compassionate support to help you pursue the justice and financial recovery you deserve. Contact us today for a free consultation.
