Two Cases From One Incident

When a drunk driving accident occurs in Texas, it sets two entirely separate legal proceedings into motion. On one side, the state pursues criminal charges against the intoxicated driver — DWI, intoxication assault, or potentially intoxication manslaughter. On the other side, the injured victims may pursue civil personal injury claims to recover compensation for their medical bills, lost wages, pain and suffering, and other damages.

These two tracks operate independently, with different rules, different standards of proof, and different potential outcomes. Understanding how they interact is essential whether you’re the person facing charges or the person who was injured.

At our firm, we handle both sides of this equation. Our Austin-based DWI defense practice has decades of experience in the criminal courts, and through Texas Defense Team, we also represent accident victims pursuing personal injury claims across Texas. That dual perspective gives us unique insight into how these cases work.

The Criminal Case: What the State Pursues

When a DWI results in an accident causing injuries, the criminal charges escalate significantly beyond a standard DWI.

Intoxication Assault (Texas Penal Code §49.07)

If someone suffers serious bodily injury as a result of a drunk driving accident, the intoxicated driver faces intoxication assault charges — a third-degree felony. “Serious bodily injury” means an injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of any body part or organ.

Penalties include:

2 to 10 years in prison
Fine up to $10,000
Driver’s license suspension up to 2 years

Intoxication Manslaughter (Texas Penal Code §49.08)

If the accident results in death, the charge becomes intoxication manslaughter — a second-degree felony carrying:

2 to 20 years in prison
Fine up to $10,000
Driver’s license suspension up to 2 years

Enhanced Charges

Additional factors can increase the severity of charges. If the victim is a peace officer, firefighter, or EMS worker, intoxication assault becomes a second-degree felony. Multiple victims can result in multiple separate charges, each carrying its own potential sentence.

If you’re facing criminal charges stemming from a DWI accident in Austin, our DWI defense team can help you understand your options and build a defense strategy.

The Civil Case: Pursuing Compensation for Injuries

Completely separate from the criminal prosecution, victims of drunk driving accidents have the right to file civil personal injury claims against the intoxicated driver. The civil case operates under different rules and serves a different purpose — it’s about compensation, not punishment.

Standard of Proof

One of the most important differences: the civil case uses a “preponderance of the evidence” standard (more likely than not), while the criminal case requires proof “beyond a reasonable doubt.” This means a person can be acquitted of criminal charges but still be found liable in a civil lawsuit. The O.J. Simpson case is the most famous example of this dynamic, but it happens regularly in DWI accident cases across Texas.

Types of Damages Available

Victims of drunk driving accidents can seek compensation for:

Medical expenses — emergency treatment, surgery, rehabilitation, ongoing care, and future medical needs
Lost income — wages lost during recovery and diminished future earning capacity
Pain and suffering — physical pain, emotional distress, and diminished quality of life
Property damage — vehicle repair or replacement and other damaged property
Loss of consortium — the impact on the victim’s spouse and family relationships

Punitive Damages: Where Civil Cases Get Serious

In most Texas personal injury cases, damages are limited to compensation for actual losses. But drunk driving accidents are different. Texas courts allow punitive damages (also called exemplary damages) in cases involving gross negligence or intoxication. These damages are designed to punish the wrongdoer and deter similar conduct.

Under Texas Civil Practice and Remedies Code §41.008, punitive damages are capped at the greater of $200,000 or two times the amount of economic damages plus the amount of non-economic damages (up to $750,000). In DWI accident cases, punitive damage awards can be substantial because the intoxicated driving itself serves as clear evidence of gross negligence.

Dram Shop Liability

Texas law also allows accident victims to pursue claims against bars, restaurants, or other establishments that served alcohol to the intoxicated driver. Under the Texas Dram Shop Act (Alcoholic Beverage Code §2.02), a commercial provider of alcohol can be held liable if they served alcohol to a person who was “obviously intoxicated to the extent that he presented a clear danger to himself and others.”

Dram shop claims can add significant value to a personal injury case because they bring in a commercially insured defendant — the establishment’s liability insurance — in addition to the individual driver’s insurance.

How the Criminal and Civil Cases Interact

While the criminal and civil cases are legally independent, they frequently influence each other in practical ways.

The Criminal Case Can Help the Civil Claim

A criminal conviction for DWI, intoxication assault, or intoxication manslaughter can be powerful evidence in the civil case. While a conviction isn’t automatically admissible in a civil proceeding, the underlying facts — BAC results, officer observations, accident reconstruction evidence — are typically available to both sides.

The Civil Case Doesn’t Depend on the Criminal Outcome

Victims can file and pursue their civil claim regardless of what happens in the criminal case. Even if criminal charges are reduced or dismissed, the civil case can proceed. The lower standard of proof means many cases that don’t result in criminal convictions still succeed as civil claims.

Timing Considerations

Texas has a two-year statute of limitations for personal injury claims. While criminal cases don’t have the same limitation, civil plaintiffs need to be aware of their deadline and take action accordingly — even if the criminal case is still pending.

Getting Help for DWI Accident Cases Across Texas

Whether you’re the person accused or the person injured, DWI accident cases require experienced legal guidance. The intersection of criminal and civil law creates complexities that general practitioners may not fully appreciate.

For accident victims in the Austin area, our team can help you pursue full compensation while the criminal case is handled by prosecutors. Through Texas Defense Team, we also represent victims across the state:

Don’t Navigate This Alone

DWI accident cases — whether you’re defending against criminal charges or seeking compensation for injuries — are too consequential to handle without experienced counsel. The decisions you make in the days and weeks following the accident can affect the outcome of both the criminal and civil proceedings for years to come.

Contact our team today for a confidential consultation. For criminal defense matters in Austin, reach us through our Austin office. For personal injury claims across Texas, visit Texas Defense Team. We’re here to help you through every aspect of this challenging situation.