By the Beverly Law legal team. Updated November 2026.
Hurt by a drunk driver?
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What to do after a crash with a drunk driver in Texas
- Call 911 and tell the dispatcher you think the other driver is intoxicated. Texas defines “intoxicated” as lacking the normal use of mental or physical faculties because of alcohol or drugs, or having an alcohol concentration of 0.08 or more (Penal Code § 49.01). Officers need to see the driver to make that call.
- Get medical care the same day and keep every record.
- Note where the driver came from. A bar tab, a store receipt or a party invitation is the start of a Dram Shop Act claim.
- Get the crash report. City guides: Austin, Dallas, Houston and San Antonio.
- Tell your own insurer and ask about uninsured and underinsured motorist coverage.
- Be careful what you say. A finding that you were more than 50% at fault ends the case in Texas.
Our FAQ on what to do when a drunk driver hits you has more, and legal alcohol limits in California, Texas and Washington compares the rules.
Who can be held responsible in Texas
The driver. A common-law negligence claim against the person whose drinking caused the crash is always available (Alco. Bev. Code § 2.02(a)).
A bar, restaurant or store. A provider can be liable under the Dram Shop Act if, when it served or sold the alcohol, it was apparent to the provider that the customer was obviously intoxicated to the extent that he presented a clear danger to himself and others, and the intoxication was a proximate cause of the damages (§ 2.02(b)). This is the only claim against a provider for serving someone 18 or older (§ 2.03(c)).
The seller-training defense. An employee’s sale is not attributed to the employer if the employer requires its staff to attend a commission-approved seller training program, the employee actually attended, and the employer did not directly or indirectly encourage the violation (Alco. Bev. Code § 106.14). Expect the bar to raise this.
An adult who served a minor. An adult 21 or older is liable for damages caused by the intoxication of a minor under 18 if the adult knowingly served the minor, or knowingly allowed the minor to be served on premises the adult owns or leases. Parents, guardians and spouses of the minor are excluded (§ 2.02(c)).
Not a social host of an adult guest. In Graff v. Beard, 858 S.W.2d 918 (Tex. 1993), the Texas Supreme Court refused to impose a common-law duty on social hosts toward third parties injured by an intoxicated adult guest, keeping the focus on the drinker (opinion).
| Who served the alcohol | Possible claim? | Source |
|---|---|---|
| Licensed bar or store, to an obviously intoxicated customer who was a clear danger | Yes, under the Dram Shop Act | § 2.02(b) |
| Adult (not a parent, guardian or spouse), knowingly to a minor under 18 | Yes | § 2.02(c) |
| Social host, to an adult guest | No | Graff v. Beard |
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Exemplary (punitive) damages and the intoxication exception to the cap
Texas calls punitive damages “exemplary damages.” They can be awarded only if you prove by clear and convincing evidence that the harm resulted from fraud, malice or gross negligence, and the jury must be unanimous on both liability and amount (CPRC § 41.003). “Gross negligence” means an act that, viewed objectively, involves an extreme degree of risk, where the actor knew of the risk and went ahead with conscious indifference to the safety of others (CPRC § 41.001(11)).
Normally exemplary damages are capped at the greater of $200,000 or two times economic damages plus noneconomic damages up to $750,000 (CPRC § 41.008(b)). The cap does not apply when the claim is based on conduct described as a felony in listed Penal Code sections, and the list includes intoxication assault (§ 49.07) and intoxication manslaughter (§ 49.08). For most listed crimes the conduct must have been committed knowingly or intentionally, but the statute expressly leaves out that requirement for the two intoxication offenses (§ 41.008(c)).
The criminal case: intoxication assault, manslaughter and restitution
| Offense | What it requires | Grade |
|---|---|---|
| Driving while intoxicated | Intoxicated while operating a motor vehicle in a public place | Class B misdemeanor; Class A at 0.15 or more (§ 49.04) |
| Intoxication assault | By reason of intoxication, causes serious bodily injury to another | Third-degree felony (§ 49.07) |
| Intoxication manslaughter | By reason of intoxication, causes the death of another | Second-degree felony (§ 49.08) |
Restitution. The sentencing court may order a convicted driver to pay restitution, and must state its reasons on the record if it orders none or only part. A conviction estops the defendant from denying the essential allegations of the offense in a later civil suit by the victim, the victim can enforce the order like a civil judgment, and restitution paid is deducted from a later civil judgment (Code Crim. Proc. art. 42.037).
Support for a victim’s children. Since September 1, 2023, a court must order a driver convicted of intoxication manslaughter to pay monthly restitution for a child whose parent or guardian was killed, until the child turns 18 or graduates from high school, whichever is later. A jailed defendant must start paying within a year of release (art. 42.0375).
These cases can take years. In October 2026 our news desk reported that a Bexar County jury had found a man guilty of intoxication manslaughter, manslaughter and failure to stop and render aid for a March 2017 crash that killed a 50-year-old pedestrian on San Pedro Avenue (San Pedro Avenue, San Antonio). The civil deadline is two years, so do not wait for a verdict.
The Texas Crime Victims’ Compensation Program
The attorney general’s program generally excludes conduct arising from the use of a motor vehicle, but the exceptions include driving while intoxicated, intoxication assault and intoxication manslaughter (Code Crim. Proc. art. 56B.003(4)).
- Deadline: apply by the third anniversary of the crime; the attorney general may extend it for good cause (art. 56B.052).
- Limits: up to $50,000 in total, plus up to $75,000 more for a catastrophic injury causing total and permanent disability (art. 56B.106).
Texas deadlines, fault and insurance rules
| Rule | Texas law | Source |
|---|---|---|
| Sue for injury | 2 years from the crash | CPRC § 16.003(a) |
| Sue for a death | 2 years from the death | CPRC § 16.003(b) |
| Your share of fault | No recovery if more than 50%; otherwise reduced | CPRC § 33.001 |
| Exemplary damages | Clear and convincing proof, unanimous jury; no cap for intoxication assault or manslaughter conduct | § 41.003; § 41.008(c) |
| Uninsured/underinsured motorist coverage | Included unless a named insured rejected it in writing | Ins. Code § 1952.101 |
| Minimum liability insurance | $30,000 per person, $60,000 per crash | Transp. Code § 601.072 |
Texas is an at-fault state (is Texas a no-fault state?); see also comparative fault in CA, TX and WA. Families have two years from the death: Texas wrongful death deadline and Texas wrongful death and survival claims. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Drunk driving crashes in Texas
- In 2025, 906 people were killed in Texas crashes where a driver was under the influence of alcohol, 24.04% of the 3,769 traffic deaths that year. More DUI-alcohol crashes happened between 2:00 and 2:59 a.m. than in any other hour, and more on Saturday than any other day (TxDOT Crash Facts 2025).
- Nationally, 11,904 people died in alcohol-impaired crashes in 2024 (NHTSA).
On November 2, 2026, a 16-year-old passenger was killed on northbound South MoPac Expressway in Austin, and the 18-year-old driver was charged with intoxication manslaughter, which is an allegation (MoPac, Austin). On October 4, 2026, a 24-year-old woman died at Kenney Fort Boulevard and Gattis School Road in Round Rock after a driver allegedly ran a red light; he was charged with intoxication manslaughter (Round Rock). Local page: Austin car accident lawyer.
Evidence to gather in Texas
- The blood or breath test and the arrest report, which support both gross negligence and the cap exception.
- Bar tabs, receipts and surveillance video showing how much the driver was served and how he looked, for a Dram Shop Act claim.
- The provider’s training records, since the seller-training defense turns on them.
- Your policy’s declarations page, to confirm UM/UIM limits.
- Medical records. For head trauma, see our Texas brain injury lawyer page.
Related pages
- California drunk driving accident lawyer
- Washington drunk driving accident lawyer
- Texas car accident lawyer
- Texas hit-and-run accident lawyer
- Texas wrongful death lawyer
- Texas brain injury lawyer
Common questions
Can I get punitive damages from a drunk driver in Texas?
You can seek exemplary damages if you prove gross negligence by clear and convincing evidence and the jury is unanimous. When the claim is based on conduct described as intoxication assault or intoxication manslaughter, the usual cap in CPRC 41.008(b) does not apply.
Can I sue the bar that served the drunk driver in Texas?
Yes, if it was apparent to the bar that the customer was obviously intoxicated to the point of being a clear danger, and the intoxication caused your damages (Alcoholic Beverage Code 2.02). The bar may raise the seller-training defense in section 106.14.
What if a party host gave alcohol to the driver?
Texas does not hold social hosts liable for adult guests (Graff v. Beard). An adult who knowingly serves a minor under 18, other than the minor’s parent, guardian or spouse, can be liable under section 2.02(c).
How long do I have to sue after a drunk driving crash in Texas?
Two years from the crash, or two years from the death in a death case, under CPRC 16.003.
Can the Crime Victims’ Compensation Program help?
Yes. Driving while intoxicated, intoxication assault and intoxication manslaughter are exceptions to the motor vehicle exclusion. Apply within three years; awards are capped at $50,000, plus up to $75,000 for a catastrophic injury.
Who handles Texas drunk driving cases at Beverly Law?
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Sources
- Tex. Alco. Bev. Code § 2.02
- Tex. Alco. Bev. Code § 2.03
- Tex. Alco. Bev. Code § 106.14
- Tex. Civ. Prac. & Rem. Code § 41.001
- Tex. Civ. Prac. & Rem. Code § 41.003
- Tex. Civ. Prac. & Rem. Code § 41.008
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 33.001
- Tex. Penal Code § 49.01
- Tex. Penal Code § 49.04
- Tex. Penal Code § 49.07
- Tex. Penal Code § 49.08
- Tex. Code Crim. Proc. art. 42.037
- Tex. Code Crim. Proc. art. 42.0375
- Tex. Code Crim. Proc. art. 56B.003
- Tex. Code Crim. Proc. art. 56B.052
- Tex. Code Crim. Proc. art. 56B.106
- Tex. Ins. Code § 1952.101
- Tex. Transp. Code § 601.072
- Graff v. Beard, 858 S.W.2d 918 (Tex. 1993)
- TxDOT, Texas Motor Vehicle Traffic Crash Facts, Calendar Year 2025
- NHTSA, Drunk Driving
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.