Drunk Driving Accident Claims in Texas — Your Rights After a DWI Crash

Civil vs. Criminal — Two Separate Cases

When a drunk driver injures someone in Texas, two separate legal proceedings can arise simultaneously:

Establishing Liability in a Texas DWI Accident

To establish the drunk driver’s liability in a civil case, you must prove:

• Duty — the driver had a duty to operate their vehicle safely
• Breach — driving while intoxicated breached that duty
• Causation — the breach caused the accident that injured you
• Damages — you suffered actual damages as a result

Evidence establishing intoxication includes the DWI arrest report, BAC test results, field sobriety test records, dashcam or body camera footage, witness statements about the driver’s behavior, and any video from nearby surveillance cameras showing the driver before or after the accident.

Punitive Damages in Texas Drunk Driving Cases

Texas allows exemplary (punitive) damages in cases where the defendant’s conduct was grossly negligent. Drunk driving — particularly at elevated BAC levels or with a prior DWI history — frequently qualifies as gross negligence.

Under Tex. Civ. Prac. & Rem. Code §41.003, gross negligence requires:

• An act or omission involving an extreme degree of risk, considering the probability and magnitude of potential harm to others, AND
• The defendant’s actual, subjective awareness of the risk, combined with a conscious indifference to the rights, safety, or welfare of others

Texas caps exemplary damages at the greater of $200,000 or 2x economic damages plus non-economic damages up to $750,000 (Tex. Civ. Prac. & Rem. Code §41.008). In a catastrophic injury case, this cap can represent a substantial additional recovery.

Dram Shop Liability — When the Bar or Restaurant Is Also Responsible

Under the Texas Dram Shop Act (Tex. Alco. Bev. Code §2.02), a bar, restaurant, club, or other licensed alcohol provider can be held liable when:

• They served alcohol to a person who was obviously intoxicated to the extent they presented a clear danger to themselves and others
• The intoxication was a proximate cause of the accident and your injuries

Dram shop claims are strategically important because commercial alcohol vendors typically carry significant liability insurance — far more than the average drunk driver. When the drunk driver has minimal personal insurance and no significant assets, the dram shop defendant may be your primary source of meaningful compensation.

Key evidence for a dram shop claim includes bar receipts, surveillance footage of the drunk driver being served, witness testimony from bar staff and patrons, and the driver’s BAC at the time of the accident (which can be used to reconstruct how many drinks they consumed and how obviously intoxicated they would have appeared).

Critical Evidence to Preserve in a DWI Accident

• The DWI arrest report and BAC results — obtain a copy through law enforcement as soon as available
• The police report — essential documentation of the accident and the driver’s condition at the scene
• Photographs from the scene — vehicle positions, damage, road conditions, any open containers visible
• Witness contact information — anyone who saw the driver’s behavior before or after the crash
• Surveillance camera footage — nearby businesses, traffic cameras, gas stations; request preservation immediately as footage is frequently overwritten
• The bar or restaurant’s records — your attorney should send a spoliation/preservation letter immediately to any establishment that served the drunk driver