Austin Drunk Driving Accident Attorney

Nearly 25 Years of Trial Experience for Austin Drunk Driving Claims

If you or a loved one has been hurt in a drunk driving crash in Austin, the path forward involves more than waiting for a criminal case to resolve. At Howry Breen & Herman, LLP, we represent individuals and families in serious personal injury and wrongful death matters across Austin and Texas, bringing nearly 25 years of trial experience to these cases. We work on a contingency fee basis, so there’s no fee unless we win. We also help clients access medical care and obtain rental cars while their claim is being evaluated.

A drunk-driving crash may involve a criminal case brought by the state and a separate civil claim pursued by the injured person or surviving family members. We handle the civil claim with the same trial discipline we bring to every serious case.

Call (512) 430-4844 or contact us online today to request a free case review with our Austin drunk driving lawyers.

Texas Drunk Driving Laws

Texas law addresses impaired driving primarily through the offense of Driving While Intoxicated (DWI), defined under Texas Penal Code Section 49.04 as operating a motor vehicle in a public place while intoxicated. Texas recognizes intoxication in two ways: having a blood alcohol concentration (BAC) of 0.08% or higher, or having lost the normal use of mental or physical faculties due to alcohol, drugs, or a combination of both. A driver can be civilly liable even when their BAC falls below 0.08% if the evidence shows their faculties were impaired at the time of the crash.

Texas criminal law also recognizes more serious offenses tied to impaired driving:

• DWI (Driving While Intoxicated): Operating a motor vehicle while impaired by alcohol, drugs, or both. A first offense typically carries fines, mandatory alcohol education, and license suspension. Repeat offenders face increasingly severe penalties, including incarceration.
• Intoxication Assault: Charged when impaired driving causes serious bodily injury to another person. This is a third-degree felony with significant long-term consequences.
• Intoxication Manslaughter: Charged when a drunk driver causes the death of another person. This second-degree felony carries severe criminal penalties and may run alongside a civil wrongful death claim.

A criminal charge or conviction isn’t required for a civil claim to succeed. The civil and criminal cases use different burdens of proof, and the outcome of one doesn’t automatically determine the other.

How to Prove Liability Against a Drunk Driver

Proving liability in a drunk driving accident case requires evidence connecting the driver’s impairment and conduct to the collision and the claimed injuries. Impairment alone doesn’t establish every civil element. We investigate how the crash happened and build the factual record that ties the driver’s condition to the harm our client suffered.

Evidence we gather and evaluate in these cases includes:

• BAC and chemical testing: Breath, blood, or urine test results that document the driver’s alcohol or drug concentration at the time of the crash.
• Officer observations and field sobriety results: Law-enforcement documentation of impairment indicators, field sobriety test performance, and behavior at the scene.
• Austin Police Department crash reports: Official reports that record the responding officers’ findings, citations issued, and initial observations concerning the crash.
• Video evidence: Body-camera and dash-camera footage, business surveillance recordings, and any available traffic-camera video from the Austin area.
• Witness statements and admissions: Accounts from bystanders or other drivers, as well as any admissions made by the intoxicated driver.
• Crash-reconstruction evidence: Vehicle damage analysis, physical evidence at the scene, and, where warranted, expert reconstruction testimony.
• Medical records: Documentation linking the injuries to the collision and establishing their severity and likely course of treatment.

We prepare each case as though it will go to trial, using advanced trial science and litigation technology to present this evidence as clearly and persuasively as possible. That preparation allows us to assess settlement offers against the evidence and proceed to court when necessary.

Dram Shop Liability in Texas

When a crash involves a driver who was drinking at a bar or restaurant before the collision, we evaluate whether a civil claim against the commercial alcohol provider is supported by the facts. Texas law imposes liability on commercial establishments only under specific circumstances.

Potential sources of liability include:

• Dram Shop Liability: Under the Texas Dram Shop Act, a bar, restaurant, or other licensed commercial establishment may be held liable if it served alcohol to a person who was obviously intoxicated to the extent of presenting a clear danger to themselves and others, and that intoxication was a proximate cause of the resulting damages. Proving this generally requires evidence such as purchase receipts, surveillance footage from the establishment, server or bartender testimony, and the timing of the driver’s departure.
• Alcohol Service to Minors: Texas law separately addresses situations in which an adult knowingly provides alcohol to a minor under age 18. Where the facts support it, this can create liability for non-commercial providers in circumstances that wouldn’t otherwise give rise to a dram shop claim.

Exemplary Damages in Drunk Driving Cases

Texas law recognizes exemplary damages, sometimes called punitive damages, as a category separate from the compensatory damages that address a victim’s actual losses. Where the evidence supports it, an injured person may seek exemplary damages to address conduct that rises above ordinary negligence to something the law recognizes as grossly reckless or malicious.

Exemplary damages aren’t automatic in drunk driving cases. Whether they are available depends on the specific facts, the evidence developed through investigation, the applicable pleadings, and Texas law governing how such claims proceed. Evidence relevant to this analysis may include the driver’s level of intoxication, the manner of driving, and the circumstances of the crash.

We handle high-value trial matters and have recovered hundreds of millions of dollars in verdicts and settlements for injury victims and their families. When the evidence supports a claim for exemplary damages, we prepare it for trial rather than treating it solely as leverage for an early settlement.

Compensation Available After a Drunk Driving Accident

Depending on the injuries, available insurance, and proof of loss, a civil claim may address:

• Past and future medical bills
• Lost income if you miss work and any reduction in your ability to earn a living going forward
• Property damage and related transportation costs
• Pain and suffering, emotional distress, and the impact the crash has on your daily life, relationships, and activities

In fatal crashes, surviving family members may have the option to bring a wrongful death claim seeking compensation for funeral expenses, loss of financial support, and loss of companionship. A survival claim may separately seek damages the deceased person could have pursued before death. Available damages depend on the evidence, applicable law, insurance coverage, and the identity of each responsible party. We document those losses and connect them to the collision.

Why Choose Our Austin Drunk Driving Accident Attorneys

Our firm and attorneys have been recognized by Best Law Firms, Best Lawyers, The National Trial Lawyers, Expertise, and Super Lawyers.

Clients choose our firm because:

• Proven record of results: We have recovered hundreds of millions of dollars for injury victims and their families.
• Extensive trial experience: With nearly 25 years serving Austin and Central Texas, our attorneys, including Randy Howry, Sean Breen, Timothy J. Herman, and Matt A. Kelley, prepare each case for court rather than defaulting to early settlement.
• Advanced trial science: We use trial technology and litigation strategy to present complex evidence, including impairment data and crash reconstruction, as clearly and forcefully as possible.
• Compassionate, accessible support: We answer your questions, assist with rental cars or access to medical care, and keep you informed at every stage of your case.
• No fee unless you win: Our contingency fee model means you pay nothing unless we win your case.