Drunk Driving Accident Victim in Houston: Your Legal Rights and Next Steps

Call 911 immediately after the crash. Tell the dispatcher you suspect the other driver is intoxicated — describe any signs of impairment: slurred speech, smell of alcohol, bloodshot eyes, open containers in the vehicle, unsteady movement, or erratic behavior. This information prompts officers to conduct field sobriety testing and potentially draw blood for BAC testing at the scene.

Houston Police Department and Harris County Sheriff deputies are trained to investigate DWI crashes. The responding officer will conduct field sobriety tests if impairment is suspected and may obtain a blood or breath sample. Under Texas implied consent law (Tex. Transp. Code § 724.011), drivers consent to chemical testing when lawfully arrested for DWI. If the driver refuses, police can obtain a mandatory blood draw warrant.

The DWI arrest and blood alcohol results become critical evidence in both the criminal case and your civil claim. A BAC of 0.08% or higher establishes legal intoxication in Texas. A BAC well above the limit demonstrates greater recklessness, which supports a punitive damages claim.

Photograph everything: vehicle damage, road conditions, the other driver's behavior (if you can do so safely), any open containers or alcohol packaging visible in or around their vehicle, skid marks, debris, and the overall scene. If you have a dashcam, preserve the footage immediately.

Get witness information. Witnesses who observed the drunk driver's behavior before the crash — swerving, running red lights, driving the wrong way — provide powerful testimony. If the crash happened near a bar, restaurant, or event venue, note the name and location. This information may support a dram shop claim against the establishment that served the intoxicated driver.

Request the police report (Form CR-3) as soon as it is available. In DWI cases, the report will include the officer's observations about impairment, field sobriety test results, and whether the driver was arrested. Blood alcohol results are typically processed later and may be available through your attorney during the civil discovery process.

Drunk driving crashes tend to be among the most severe because intoxicated drivers often fail to brake before impact. The result is high-speed, high-force collisions that cause catastrophic injuries: traumatic brain injuries, spinal cord injuries, multiple fractures, internal organ damage, severe lacerations, and burns.

Go to the emergency room immediately, even if you feel fine. Houston's Level I trauma centers — Memorial Hermann-TMC, Ben Taub Hospital, and Houston Methodist — are equipped to handle the most severe crash injuries. Tell the doctor you were hit by a suspected drunk driver and describe every symptom.

Follow all treatment recommendations without gaps. In drunk driving cases where punitive damages are at play, the value of your claim is directly tied to the severity and documentation of your injuries. Keep every bill, receipt, and record of missed work, physical limitations, and emotional impact.

A drunk driving crash creates two separate legal proceedings. The criminal case is prosecuted by the Harris County District Attorney's Office and can result in jail time, fines, license suspension, and a criminal record for the drunk driver. The civil case is your personal injury claim for financial compensation.

You do not need to wait for the criminal case to conclude before filing your civil claim. The 2-year statute of limitations runs regardless of the criminal timeline. However, a DWI conviction is powerful evidence of fault in your civil case. If the driver pleads guilty or is convicted, that conviction can be used to establish negligence per se — meaning the driver violated the law, and that violation caused your injuries.

Even if the criminal case results in a plea deal or acquittal, you can still pursue your civil claim. The burden of proof in civil cases (preponderance of the evidence) is lower than in criminal cases (beyond a reasonable doubt). A driver acquitted of DWI criminally can still be found liable in a civil lawsuit.

Texas allows punitive (exemplary) damages when the defendant's conduct involves fraud, malice, or gross negligence (Tex. Civ. Prac. & Rem. Code § 41.003). Driving drunk is strong evidence of gross negligence — the driver was aware of the extreme risk of driving while intoxicated and consciously disregarded that risk.

Punitive damages are paid on top of compensatory damages (medical bills, lost wages, pain and suffering). Texas caps exemplary damages at the greater of: (1) $200,000, or (2) two times economic damages plus an amount equal to non-economic damages up to $750,000 (Tex. Civ. Prac. & Rem. Code § 41.008). In severe injury or death cases, this can result in substantial additional recovery.

To win punitive damages, you must prove gross negligence by clear and convincing evidence — a higher standard than the typical preponderance standard for compensatory damages. Evidence of high BAC, prior DWI convictions, excessive speed while intoxicated, and causing serious injuries all support a punitive damages claim.

Texas has a dram shop law (Tex. Alc. Bev. Code § 2.02) that allows you to sue a bar, restaurant, or other alcohol provider that illegally served the drunk driver. You must prove that the establishment served alcohol to a person who was obviously intoxicated to the extent that they presented a clear danger to themselves and others, and that the over-service was a proximate cause of your injuries.

Dram shop claims add another source of recovery — the bar's commercial liability insurance, which typically has higher limits than a personal auto policy. If the drunk driver has minimal insurance or assets, a dram shop claim against a well-insured establishment may be your best path to full compensation.

Dram shop cases require evidence of over-service: bar tabs, surveillance footage showing the driver's intoxication level, witness testimony from bartenders or other patrons, and the timeline between leaving the bar and the crash. An attorney can subpoena these records. Texas has a 2-year statute of limitations for dram shop claims.

Texas has a 2-year statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003), including drunk driving accident cases. Wrongful death claims also have a 2-year deadline. Dram shop claims carry the same 2-year limit. If a government vehicle was involved, written notice must be provided within 90 days (City of Houston) or 6 months (state entities).

Do not wait for the criminal case to conclude before taking action on your civil claim. Consult with a personal injury attorney as soon as possible to preserve evidence, identify all liable parties (the drunk driver, potentially a bar or employer), and ensure no deadlines are missed.

Were you injured by a drunk driver in Houston? Take our free 2-minute assessment at /assessment/. We will evaluate your situation — including punitive damages potential, dram shop liability, insurance coverage, and your projected recovery — and connect you with a Houston personal injury attorney experienced in drunk driving victim cases.

Being hit by a drunk driver is one of the most enraging experiences a person can go through. Someone made the conscious choice to get behind the wheel while intoxicated, and you are paying the price with your body, your health, and your livelihood. Texas law recognizes this by allowing punitive damages. Start with the assessment. It is free, confidential, and the first step toward holding the drunk driver fully accountable.