Drunk driving remains a significant concern in the United States, despite decades-long efforts to stop it. Unfortunately, it continues to take lives and cause countless injuries each year. The Texas Department of Transportation recorded over 1,090 fatalities due to drunk driving accidents in 2023.
To address this issue, Texas has implemented robust laws that penalize offenders and allow victims to recover compensation. The most effective way to get the compensation you deserve is to speak to a Texas car accident lawyer as soon as you can. Contact us today at 512-240-9951 to schedule a consultation.
In the meantime, read on to learn more about Texas DWI laws and how they may affect you.
The Texas DWI Statute and Proving Liability
Under the Texas Penal Code, a driver is legally intoxicated if their BAC is 0.08% or higher or if they do not have the normal use of mental or physical faculties because of consuming alcohol. Importantly, this dual definition means that you can be arrested and convicted of DWI even if your BAC is under 0.08%.
A first-time DWI offense attracts penalties such as:
- Up to 180 days in jail
- Fines up to $2,000
- Driver’s license suspension of up to one year
For victims, the DWI statute serves a dual purpose: it punishes the offender and simplifies the process of proving liability in civil cases. When a driver is convicted of DWI, this conviction can be used as compelling evidence in a civil lawsuit.
Texas follows the “negligence per se” doctrine, which states that violating a statute—like the DWI law—and causing harm establishes negligence without requiring additional proof of fault. This legal principle simplifies the process of demonstrating that the drunk driver’s actions directly led to their injuries, streamlining their path to justice.
Civil Law and Compensation for Victims
While the criminal justice system allows courts to impose penalties on drunk drivers, Texas civil law allows victims to pursue compensation for the damages they’ve suffered.
Filing a civil lawsuit is a separate action from the criminal case and focuses on addressing the victim’s losses rather than punishing the offender. Through a civil action, victims can seek a range of damages, including:
- Medical costs
- Lost earnings
- Property damage
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Ongoing medical care
- Reduced earning capacity
In civil cases, the burden of proof is a “preponderance of the evidence,” which means that victims must show it’s more likely than not that the drunk driver caused their harm. This standard is less strict compared to the “beyond a reasonable doubt” in criminal cases, offering victims a more accessible route to recovery.
Make sure to contact a Texas DWI lawyer as soon as possible to begin assessing the recoverable damages. They will look into your life and how the accident impacted your life so as to value your claim properly.
Punitive Damages in Severe Cases
Punitive damages can be awarded in cases in which the drunk driver’s conduct was particularly egregious or offensive. These damages are meant to punish the offender and deter others from engaging in similar conduct in the future. To secure punitive damages, victims must prove that the driver’s actions amounted to gross negligence, malice, or fraud.
For example, if the driver had an exceptionally high BAC or a history of repeat offences, you can use these facts to demonstrate a blatant disregard for safety to seek punitive damages. Also, if a speeding drunk driver causes a crash that leads to catastrophic injuries, a court might award these damages to warn potential offenders.
Contact a Texas DWI Lawyer Today
If you are injured in a drunk driving crash in Texas, you are likely entitled to compensation under state law. At Dow Law Firm, we are committed to helping injured victims understand their rights and get the compensation they deserve. If a drunk driver has injured you, do not hesitate to call us at 512-240-9951 or contact us online to schedule a free, no-obligation case evaluation.