Suing a Drunk Driver in Texas: Civil vs. Criminal Liability

When a drunk driver causes a crash in Texas, they can face serious criminal charges. But for victims, justice often requires more than a conviction — it requires compensation. Civil lawsuits allow victims to recover damages for injuries, lost wages, and emotional suffering, regardless of whether the drunk driver is convicted in criminal court. In Texas, civil and criminal liability are two separate legal paths that serve different purposes. Understanding how these paths interact — and how you can use them to your advantage — is essential for protecting your rights and securing the compensation you deserve.

Understanding Civil vs. Criminal Liability in Drunk Driving Cases

Criminal Charges: Prosecuting the Wrongdoer

Criminal DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) cases are brought by the State of Texas against the impaired driver. These charges are designed to punish the offender and protect public safety. Penalties may include jail time, fines, license suspension, probation, and mandatory alcohol education.

Under Texas Penal Code § 49.04, it is illegal to operate a motor vehicle in a public place while intoxicated. A first-time offense is typically a Class B misdemeanor, but penalties escalate based on factors such as a high BAC (blood alcohol concentration), presence of a child passenger, or if the accident caused serious injury or death.

However, criminal penalties do not include compensation for the victim’s injuries or losses. That’s where civil law comes in.

Civil Lawsuits: Seeking Justice for Victims

A civil lawsuit allows DUI crash victims to sue the drunk driver for damages. These cases are filed independently of any criminal proceedings and require a lower burden of proof. While a criminal case must prove guilt “beyond a reasonable doubt,” a civil plaintiff only needs to prove liability by a “preponderance of the evidence” — that it’s more likely than not the defendant was at fault.

Even if the drunk driver is acquitted or not charged criminally, they can still be held civilly liable.

What Victims Can Recover in a Civil Lawsuit

Texas law allows victims of drunk driving crashes to seek both economic and non-economic damages. In some cases, punitive damages may also be available.

Economic Damages

These include tangible financial losses such as:

• Medical bills (past and future)

• Lost wages and diminished earning capacity

• Property damage

• Rehabilitation and therapy costs

Non-Economic Damages

These compensate for less tangible harms, including:

• Pain and suffering

• Mental anguish

• Loss of enjoyment of life

• Disfigurement or permanent disability

Punitive Damages (Exemplary Damages)

Punitive damages are designed to punish particularly egregious conduct and deter future wrongdoing. Under Texas Civil Practice and Remedies Code § 41.003, a plaintiff may seek punitive damages if they can prove the defendant acted with malice or gross negligence.

Driving while intoxicated can rise to this level, especially when the driver has prior offenses or caused severe harm. Courts often view drunk driving as inherently reckless, increasing the likelihood of punitive damages.

Victim Restitution in Criminal Cases

While the focus of criminal DUI cases is punishment, Texas law allows for victim restitution — a court order requiring the offender to pay the victim for certain losses related to the crime.

Restitution may cover:

• Medical expenses

• Funeral costs (in fatal DUI cases)

• Lost income

• Counseling expenses

Restitution is ordered by the judge during sentencing and is enforced by the criminal justice system. However, it often falls short of full compensation and may not address non-economic damages, making a civil lawsuit essential for comprehensive recovery.

Suing Under Texas Dram Shop Laws

In some cases, the drunk driver may not be the only liable party. Under Texas’s Dram Shop Act (Texas Alcoholic Beverage Code § 2.02), a bar, restaurant, or alcohol-serving establishment may be held liable for damages if they knowingly served alcohol to an obviously intoxicated person who then caused injury or death.

To succeed in a dram shop claim, the plaintiff must prove:

Accident lawyer who protects the rights of victims

If you have suffered injuries, call Attorney Dang to give the insurance companies a Bang!

Free consultation

1. The defendant was intoxicated to the extent they posed a clear danger to themselves and others; and

2. The establishment continued to serve them alcohol anyway.

Dram shop liability is a powerful tool, especially when the drunk driver is underinsured or lacks sufficient assets to cover the damages.

Social Host Liability in Texas

Unlike dram shop laws, Texas does not generally hold social hosts (private individuals) liable for serving alcohol to adult guests. However, Texas Alcoholic Beverage Code § 2.02 provides a narrow exception for serving alcohol to minors. If an adult (not the minor’s parent or guardian) knowingly provides alcohol to a minor who then causes a crash, that adult may be held civilly liable.

This can come into play in cases involving high school or college parties where underage drinking leads to a tragedy.

Can You Sue if the Driver Was Not Convicted?

Yes. Civil cases are independent of criminal prosecutions. A personal injury claim can move forward regardless of whether the driver is convicted, acquitted, or never charged.

In fact, civil lawsuits may even benefit from evidence gathered during a criminal investigation, such as:

• Police reports

• BAC test results

• Dashcam or bodycam footage

• Witness statements

• Prior DWI convictions

Texas courts have held that even where a driver was not charged criminally, clear evidence of intoxication and negligence is sufficient for civil liability.

Wrongful Death Lawsuits for Fatal DUI Crashes

If a loved one is killed in a drunk driving crash, eligible family members can file a wrongful death lawsuit under Texas Civil Practice and Remedies Code § 71.002. These lawsuits allow surviving spouses, children, and parents to recover compensation for:

• Loss of companionship

• Funeral and burial costs

• Mental anguish

• Lost earning capacity and inheritance

In some cases, punitive damages are also recoverable to punish the reckless conduct that caused the death.

Statute of Limitations for DUI Injury Claims

Under Texas Civil Practice and Remedies Code § 16.003, victims generally have two years from the date of the crash to file a personal injury or wrongful death lawsuit. Failure to file within this timeframe may result in your claim being barred.

There are rare exceptions (such as discovery of hidden injuries or tolling for minors), but acting promptly is crucial. An experienced attorney can help ensure deadlines are met and your case is thoroughly prepared.

Why Legal Representation Matters

Suing a drunk driver involves navigating complex intersections of civil and criminal law. Evidence must be preserved early, witnesses interviewed, and liability theories developed — potentially including dram shop or third-party claims.

Moreover, insurance companies often aggressively defend DUI injury claims to limit payouts, even when fault is clear. Having a skilled personal injury lawyer levels the playing field.

At Dang Law Group, we are committed to helping DUI crash victims get full compensation and accountability. Our team has deep experience in both negotiating favorable settlements and litigating cases in court, including those involving multiple liable parties.

Get Justice After a Drunk Driving Crash

If you or a loved one has been injured by a drunk driver, you don’t have to wait for a criminal conviction to take action. Contact Dang Law Group today for a free consultation and let us fight for the justice and compensation you deserve.

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.