One Bad Decision, A Lifetime of Consequences: Drunk Driving (DUI) Accidents in Austin, Texas

Sixth Street on a Saturday night. I-35 after the bars close. A country road in the Hill Country. A driver who had one too many. In an instant, a life is changed forever. Drunk driving accidents are not accidents—they are choices. Someone chose to drink. Someone chose to get behind the wheel. Someone chose to risk their life and the lives of everyone else on the road. When that choice causes a crash, the consequences are devastating. The injuries are often catastrophic. The emotional toll is immeasurable. And the fight for justice is not just about compensation—it is about accountability.

At Barton & Associates, Attorneys at Law, we represent victims of drunk driving accidents across Central Texas. From the highways of Austin to the back roads of the Hill Country, from the intersections of Round Rock to the parking lots of the suburbs, we understand the devastating impact of drunk driving crashes. Our attorneys have spent decades fighting for the rights of DUI accident victims, holding drunk drivers accountable for the harm they cause.

We know that drunk driving cases are different. They involve criminal charges, but the civil case is separate. They often involve punitive damages—damages designed to punish the driver and deter others from driving drunk. They require proving that the driver was intoxicated and that the intoxication caused the crash. We know how to investigate the cause of your crash, gather the evidence of intoxication, and build a case that gets you the compensation you deserve.

If you have been injured by a drunk driver, you are not alone. Let us help you seek justice.

Understanding Drunk Driving Accidents

Drunk driving accidents are among the most preventable crashes on our roads. When a driver chooses to drink and drive, they choose to put everyone at risk.

The Scope of the Problem:

• In Texas, drunk driving is a leading cause of traffic fatalities

• Alcohol impairs judgment, reaction time, vision, and coordination

• Drunk drivers are more likely to speed, run red lights, and drive recklessly

How Alcohol Impairs Driving:

• BAC 0.02: Decline in visual functions, ability to multitask

• BAC 0.05: Reduced coordination, reduced ability to track moving objects

• BAC 0.08: Loss of concentration, short-term memory loss, impaired perception

• BAC 0.10: Reduced ability to brake, steer, and control speed

• BAC 0.15: Severe impairment, loss of balance, inability to control vehicle

Common Types of Drunk Driving Accidents:

• Head-on collisions

• Rear-end collisions

• Intersection crashes (running red lights or stop signs)

• Single-vehicle crashes (rollovers, hitting fixed objects)

• Pedestrian and bicycle accidents

For residents across Central Texas, drunk driving accidents are entirely preventable—and entirely the fault of the driver who chose to drink.

What Are the Consequences of Drunk Driving?

The consequences of drunk driving extend far beyond the criminal penalties. Victims of drunk driving accidents suffer physical, emotional, and financial harm.

Criminal Consequences for the Driver:

• First DWI: Class B misdemeanor, up to 180 days in jail

• Second DWI: Class A misdemeanor, up to 1 year in jail

• Third DWI: Third-degree felony, 2 to 10 years in prison

• Intoxication assault: Second-degree felony, 2 to 20 years in prison

• Intoxication manslaughter: Second-degree felony, 2 to 20 years in prison

Civil Consequences for the Driver:

• Liability for medical expenses, lost income, and pain and suffering

• Punitive damages (designed to punish the driver)

• Wrongful death damages for families who lost a loved one

Consequences for the Victim:

• Medical expenses (past and future)

• Lost income and loss of earning capacity

• Pain and suffering

• Emotional distress

• Permanent disability

• Death

For those in the Austin area, the consequences of a drunk driving accident can last a lifetime.

Who Is Liable in a Drunk Driving Accident?

The drunk driver is the primary person liable for the crash. But other parties may also be liable.

The Drunk Driver:

• The driver who chose to drink and drive

• Their insurance company (up to policy limits)

The Social Host:

• In some cases, a person who served alcohol to a visibly intoxicated person may be liable

• Texas law does not impose social host liability for adults, but there are exceptions for serving minors

The Bar or Restaurant (Dram Shop Liability):

• Under Texas law, a bar or restaurant can be liable if they served alcohol to a minor or to a person who was obviously intoxicated

• The bar must have known or should have known the person was intoxicated

The Vehicle Owner:

• If the driver was not the owner, the owner may be liable if they allowed an intoxicated person to drive their vehicle

The Employer:

• If the driver was working at the time of the accident, the employer may be liable

For residents across Central Texas, identifying all liable parties can increase the compensation available to you.

How to Prove a Drunk Driving Accident Claim

Proving a drunk driving accident claim requires establishing that the driver was intoxicated and that the intoxication caused the crash.

Step 1: Document the Scene

• Take photographs of the vehicles, the scene, and your injuries

• Get witness names and contact information

• Note the location, time, and weather conditions

Step 2: Obtain the Police Report

• The police report will contain the officer’s observations

• It may include the driver’s BAC (if tested)

• It may include citations for DWI or other offenses

Step 3: Obtain Evidence of Intoxication

• Breathalyzer results

• Blood test results

• Field sobriety test results

• Officer observations (slurred speech, odor of alcohol, unsteady gait)

• Witness statements about the driver’s drinking

• Bar or restaurant receipts

Step 4: Prove Causation

• You must prove that the driver’s intoxication caused the accident

• If the driver was speeding or running red lights, the intoxication likely contributed

• Accident reconstruction can help prove causation

Step 5: Document Your Damages

• Medical expenses (past and future)

• Lost income

• Loss of earning capacity

• Pain and suffering

• Emotional distress

• Disfigurement

• Loss of enjoyment of life

Step 6: Work with Experts

Drunk driving accident cases may require expert testimony:

• Accident Reconstructionists: Recreate the crash

• Medical Experts: Document injuries and prognosis

• Economists: Calculate lost income and future care costs

For those in the Austin area, proving a drunk driving accident claim requires thorough documentation of the driver’s intoxication.

Dram Shop Liability: Holding Bars Accountable

Under Texas law, a bar or restaurant can be held liable for serving alcohol to a minor or to a person who was obviously intoxicated. This is called “dram shop” liability.

What You Must Prove:

• The bar served alcohol to the driver

• The driver was a minor or was obviously intoxicated at the time

• The driver’s intoxication caused the accident

• You suffered damages

What Is “Obviously Intoxicated”?

• Slurred speech

• Unsteady gait

• Bloodshot eyes

• Odor of alcohol

• Loud or aggressive behavior

• Difficulty understanding or responding

Who Is Liable:

• The bar or restaurant

• The bartender who served the alcohol

• The owner of the establishment

Why Dram Shop Claims Matter:

• Bars have insurance

• Dram shop claims provide an additional source of compensation beyond the driver’s policy

For residents across Central Texas, dram shop claims can be critical when the driver’s insurance is insufficient.

Social Host Liability

Texas law does not impose liability on social hosts who serve alcohol to adult guests. However, there are exceptions.

Exceptions:

• Serving alcohol to a minor

• Serving alcohol to a person who is obviously intoxicated and then allows them to drive (in some cases)

What You Must Prove:

• The host served alcohol to the driver

• The driver was a minor or was obviously intoxicated

• The host knew or should have known the driver would drive

• The driver caused the accident

• You suffered damages

For those in the Austin area, social host liability is limited but may apply in certain circumstances.

Punitive Damages in Drunk Driving Cases

Punitive damages are designed to punish the wrongdoer and deter others from similar conduct. Drunk driving is exactly the kind of conduct that warrants punitive damages.

What You Must Prove:

• The driver acted with malice, fraud, or gross negligence

• Drunk driving is considered gross negligence as a matter of law

Why Punitive Damages Matter:

• They are not capped like other damages (in most cases)

• They send a message that drunk driving will not be tolerated

• They can significantly increase your recovery

Caps on Punitive Damages:

• Punitive damages are capped at two times economic damages plus non-economic damages, or $750,000, whichever is greater

• However, in drunk driving cases, punitive damages can be substantial

For residents across Central Texas, punitive damages are a critical part of drunk driving accident cases.

The Criminal Case vs. The Civil Case

When a drunk driver causes an accident, they will face criminal charges. But the criminal case is separate from your civil case.

Criminal Case:

• Brought by the state

• Goal: punishment (jail, fines)

• Standard: beyond a reasonable doubt

• Victim does not receive compensation

Civil Case:

• Brought by the victim

• Goal: compensation (money damages)

• Standard: preponderance of the evidence (more likely than not)

• Victim receives compensation directly

Why the Criminal Case Matters:

• A criminal conviction can be used as evidence in your civil case

• The driver’s guilt is already established

What to Do:

• Do not wait for the criminal case to resolve

• The civil case has its own deadlines

• Contact an attorney immediately

For those in the Austin area, the criminal case and civil case are separate—you can pursue both.

Uninsured and Underinsured Drivers

Many drunk drivers have insurance—but not always. Some have no insurance. Some have minimum coverage that is insufficient to cover your damages.

Uninsured Drivers:

• If the driver has no insurance, your uninsured motorist (UM) coverage may apply

• Check your own policy

Underinsured Drivers:

• If the driver’s insurance is insufficient to cover your damages, your underinsured motorist (UIM) coverage may apply

Dram Shop Claims:

• If the driver was served alcohol at a bar, the bar’s insurance may provide additional coverage

For residents across Central Texas, UM/UIM coverage can be a lifeline when the drunk driver is uninsured or underinsured.

Frequently Asked Questions About Drunk Driving Accidents in Austin, Texas

When clients come to our office—whether from Austin’s neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about drunk driving accidents. Here are the answers to the most common inquiries we receive.

What should I do after a drunk driving accident?

• Seek medical attention

• Call the police

• Get witness information

• Take photographs

• Obtain the police report

• Contact an attorney

Who is liable in a drunk driving accident?

The drunk driver is liable. The bar or restaurant that served the driver may also be liable under dram shop laws.

What are punitive damages?

Punitive damages are designed to punish the wrongdoer. Drunk driving is conduct that warrants punitive damages.

What is dram shop liability?

Dram shop liability allows you to sue the bar or restaurant that served alcohol to a minor or to an obviously intoxicated person.

What is the statute of limitations for drunk driving accident claims?

In Texas, you generally have two years from the date of the accident to file a personal injury claim.

What damages can I recover?

You can recover medical expenses, lost income, pain and suffering, emotional distress, and punitive damages. In cases of wrongful death, you can recover funeral expenses and loss of companionship.

Do I need an attorney for a drunk driving accident claim?

Yes. Drunk driving cases are complex and involve criminal proceedings, dram shop liability, and punitive damages. An experienced drunk driving accident attorney can help you navigate the process and secure the compensation you deserve.

Why Barton & Associates for Drunk Driving Accidents in Austin

Drunk driving accident cases require attorneys who understand the criminal justice system, dram shop liability, and the strategies for proving intoxication. Our attorneys have spent decades representing victims of drunk driving accidents across Central Texas, fighting for the compensation they deserve.

We know the local bars, the local courts, and the insurance companies. We know how to gather evidence of intoxication, identify dram shop claims, and build a case that holds drunk drivers—and the establishments that served them—accountable.

Take the First Step Toward Justice

If you have been injured by a drunk driver, do not wait. Evidence disappears. Witnesses forget. The two-year statute of limitations is strict. The sooner you have an experienced attorney on your side, the sooner you can begin the process of seeking the compensation you need to recover.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced drunk driving accident attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you seek the justice you deserve.

Main Category: Personal Injury Austin
Practice Area Category: Motor Vehicle Accidents
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)