Austin Drunk Driving Accident Lawyer

Holding Drunk Drivers Responsible in Austin, TX

If you or a loved one has been involved in a drunk driving accident in Austin, Texas, it is essential to seek expert legal assistance to navigate the complex process of seeking justice. At Howry, Breen & Herman, LLP, we understand the overwhelming emotional, physical, and financial impact that drunk driving accidents can have on victims. Our experienced Austin drunk driving accident lawyers are dedicated to ensuring you receive the compensation you deserve and holding the responsible parties accountable for their actions.

Call (512) 430-4844 or contact us online today to request a free case review.

Texas Drunk Driving Laws

Texas takes driving under the influence (DUI) very seriously. According to Texas law, drivers with a Blood Alcohol Content (BAC) of 0.08% or higher are considered legally intoxicated and can face criminal charges. However, even if a driver is under the legal limit, they can still be held liable for accidents if their impaired driving was the proximate cause of the crash.

In Texas, DUI offenses are classified based on the severity of the crime:

• DWI (Driving While Intoxicated): This offense occurs when a person operates a motor vehicle while impaired by alcohol, drugs, or a combination of both. A first offense typically results in fines, mandatory alcohol education programs, and the suspension of the driver's license. Repeat offenders may face harsher penalties, including jail time.
• Intoxication Manslaughter: If a drunk driver causes the death of another person while operating their vehicle, they can be charged with intoxication manslaughter, which is a second-degree felony carrying severe penalties.
• Intoxication Assault: A person can also be charged with intoxication assault if their impaired driving causes serious bodily injury to another person. This is a third-degree felony that can result in long-term consequences.

When someone is involved in a drunk driving accident, they may face both criminal charges and civil lawsuits for damages, including medical expenses, lost wages, pain and suffering, and other related costs.

How to Prove Liability Against a Drunk Driver

Proving liability in a drunk driving accident case involves gathering substantial evidence to demonstrate that the drunk driver was negligent and that their actions directly led to the crash. Here are the key steps to proving liability:

• Establishing the Drunk Driver’s BAC: The first critical element in any drunk driving case is proving the driver’s BAC at the time of the accident. This can typically be determined through breathalyzer tests, blood tests, or urine tests. If the driver was arrested for DUI, law enforcement will have documentation of the BAC results, which can be crucial in proving intoxication.
• Eyewitness Testimony: Eyewitnesses to the accident may be able to testify that the driver appeared impaired or was driving erratically before the crash. This testimony can strengthen your case.
• Expert Testimony: Accident reconstruction specialists and medical experts can provide critical insights into the crash dynamics and how the drunk driver’s impairment may have contributed to the accident.
• Traffic Camera Footage and Police Reports: Any available traffic camera footage or police reports documenting the driver’s behavior leading up to the crash, such as swerving or failing to stop, will be important in showing that the driver was intoxicated and responsible for the accident.
• Witness Statements and Admissions: If the drunk driver admits to consuming alcohol or behaving recklessly, this statement could significantly impact the case.

With the right legal support, your attorney will work to prove that the drunk driver’s actions directly caused your injuries and damages, making them legally liable for your losses.

Dram Shop & Social Host Liability in Texas

In addition to holding drunk drivers accountable, Texas law also holds certain third parties liable for serving alcohol to individuals who are already intoxicated. Under dram shop laws and social host liability, the following entities may be held responsible:

• Dram Shop Liability: In Texas, bars, restaurants, and other commercial establishments that serve alcohol can be held liable if they serve alcohol to an already intoxicated person who then causes an accident. If the establishment serves alcohol to a person who is visibly intoxicated or underage and that person causes harm, the victim may be entitled to pursue a claim against the business.
• Social Host Liability: Texas law also holds private individuals accountable if they serve alcohol to someone who is visibly intoxicated, and that person later causes an accident. This typically applies to social hosts, such as someone hosting a party where alcohol is provided. If a guest leaves the party intoxicated and causes an accident, the host could be found liable for the resulting damages.

Both dram shop and social host liability laws are designed to encourage responsible alcohol service and consumption. If a bar, restaurant, or individual negligently serves alcohol to an intoxicated person who then causes an accident, they can be held accountable for the damages resulting from the crash.

Why Choose Our Firm?

At Howry, Breen & Herman, LLP, we have a proven track record of successfully representing victims of drunk driving accidents in Austin and surrounding areas. Our team of experienced personal injury lawyers will fight for your rights and work tirelessly to ensure you receive fair compensation for your injuries and losses. We provide compassionate, personalized legal representation and will guide you through every step of the legal process.

Contact us today at (512) 430-4844 to schedule a free consultation.