What is the BAC limit in Texas, and does it matter if the drunk driver was below 0.08%?

Texas sets the legal blood alcohol concentration (BAC) limit at 0.08% for most drivers. However, a driver below that threshold can still be held civilly liable if alcohol or drugs impaired their normal mental or physical faculties — even at a lower BAC. In civil personal injury cases, the standard is impairment, not a specific number. If the driver showed signs of intoxication — swerving, delayed reactions, slurred speech documented by officers — and caused your crash, you may still have a strong claim regardless of what the breathalyzer showed.

How does a DWI conviction or guilty plea affect my civil injury case against the drunk driver?

A criminal conviction or guilty plea is powerful evidence in your civil claim. Under Texas law, a conviction can be introduced in civil proceedings as proof of the underlying conduct. If the driver pleaded guilty to DWI or intoxication assault, it is difficult for them — or their insurer — to argue that they were not impaired. Smith & Vinson attorneys monitor the criminal case closely and use plea agreements, sentencing records, and court findings to support your civil claim.

Can I sue the bar, restaurant, or venue that overserved the drunk driver?

Yes, in many cases. Texas's Dram Shop Act allows injured victims to pursue claims against bars, restaurants, or other alcohol providers that served a visibly intoxicated person who then caused a crash. Austin's entertainment districts — including Rainey Street, Sixth Street, Red River Cultural District, and South Lamar — generate significant bar and restaurant liability exposure. Evidence like surveillance footage, receipts showing the number of drinks served, bartender witness statements, and the driver's blood alcohol level can support this claim. Dram shop cases require fast investigation because this evidence disappears quickly.

What if the drunk driver was driving a company vehicle or was on the clock when the crash happened?

When an employee causes a drunk driving crash while driving a company vehicle or performing work duties, the employer may also be liable under respondeat superior. If a company knew an employee had a history of DWI or alcohol problems and still gave them access to a vehicle, a negligent entrustment or negligent supervision claim may also be available. Company vehicle crashes often involve commercial insurance policies with higher limits than personal auto coverage, which can substantially increase the compensation available to you.

Can I recover compensation if I was a passenger in the drunk driver's vehicle?

Yes. As a passenger, you did not control the vehicle and are generally not considered at fault for the crash. You have the right to pursue a personal injury claim against the drunk driver — even if you knew them personally or voluntarily got in the car. Texas's modified comparative fault rule could become an issue if an insurer argues you assumed the risk by knowingly riding with an impaired driver, but this argument rarely eliminates recovery entirely.

What if a rideshare or delivery driver (Uber, Lyft, DoorDash, Instacart) was drunk and caused my accident?

Rideshare and delivery driver DWI crashes involve the same liability principles as other drunk driving cases, but with added complexity. Uber and Lyft maintain $1 million liability policies when drivers are actively transporting passengers or en route to a pickup. If the driver was actively using a delivery or rideshare app at the time of the crash, those policies may apply to your claim. However, the corporate entities often argue the driver was an independent contractor to distance themselves from liability.

What if the drunk driving accident killed a member of my family?

When a drunk driver's actions result in a fatality, surviving family members may pursue a wrongful death claim under Texas law. Eligible claimants generally include spouses, children, and parents of the deceased. Recoverable damages include loss of financial support, loss of companionship and consortium, mental anguish, funeral and burial expenses, and in appropriate cases, punitive damages reflecting the extreme recklessness of drunk driving. Texas also allows an estate representative to bring a survival action for damages the deceased could have claimed before death.

What evidence is used to support a drunk driving injury claim in Austin?

Drunk driving injury cases in Austin typically rely on law enforcement reports from the Austin Police Department, Travis County Sheriff's Office, or Texas DPS documenting observations of intoxication, field sobriety test results, and BAC readings. Body camera and dash camera footage, 911 call recordings, surveillance footage from nearby businesses or traffic cameras, and witness statements all help establish fault. Medical records documenting your injuries, and financial records showing lost wages and treatment costs, are essential to proving damages.

Can social media posts hurt my drunk driving injury claim?

Yes. Insurance adjusters and defense attorneys routinely search social media accounts after a crash to find posts that can be used to contradict injury claims. A photo at an event, a comment about feeling fine, or check-ins showing physical activity can be taken out of context to argue your injuries are not as serious as claimed. After a drunk driving accident in Austin, avoid posting about the crash, your injuries, your treatment, or your daily activities on any platform — including Facebook, Instagram, TikTok, and X. Do not delete existing posts either, as that can raise spoliation concerns.

What Austin-area hospitals and trauma centers should I go to after a drunk driving accident?

For serious injuries, the closest Level I trauma centers in Austin are Dell Seton Medical Center at The University of Texas (1500 Red River Street) and St. David's Medical Center (919 East 32nd Street). Ascension Seton Medical Center on 38th Street and St. David's South Austin Medical Center on Ben White Boulevard are also equipped for emergency trauma care. After emergency care, continue following up with specialists — orthopedic surgeons, neurologists, or rehabilitation providers — at Austin-area facilities. Consistent, documented treatment is one of the most important steps you can take to support your claim.

Do I have a case if the drunk driver was arrested?

Yes. A criminal arrest can strengthen a civil injury claim, but you still must file a personal injury case to recover compensation.

How long do I have to file a drunk driving injury claim in Texas?

Generally, you have two years from the date of the accident, though some cases require earlier action. Speak with an attorney as soon as possible.

What if the drunk driver had no insurance?

You may still have options through uninsured/underinsured motorist coverage or claims against other liable parties. We can review all available avenues.

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Drunk Driving Accident Attorney in Austin

Injured by a Drunk Driver in Austin?

If you were injured by a drunk driver in Austin, you are likely already dealing with medical treatment, missed work, and pressure from insurance companies. You may also know that the at-fault driver was arrested or charged — and now you are asking the most important question: How do I protect myself and my future?

Drunk driving injury cases are different from ordinary car crash claims. They often involve stronger liability evidence, aggressive insurance defenses, and the potential for punitive damages. Smith & Vinson Law Firm represents injured victims — not insurance companies — and focuses on building powerful personal injury cases designed to recover full compensation under Texas law.

Our attorneys are available 24/7 to speak with you and provide a free, confidential consultation.

Austin Drunk Driving Accident Attorney

Frequently Asked Questions

Texas sets the legal blood alcohol concentration (BAC) limit at 0.08% for most drivers. However, a driver below that threshold can still be held civilly liable if alcohol or drugs impaired their normal mental or physical faculties — even at a lower BAC. In civil personal injury cases, the standard is impairment, not a specific number. If the driver showed signs of intoxication — swerving, delayed reactions, slurred speech documented by officers — and caused your crash, you may still have a strong claim regardless of what the breathalyzer showed. Smith & Vinson Law Firm reviews all available evidence, including officer observations, field sobriety test results, and witness accounts, to build your case.
A criminal conviction or guilty plea is powerful evidence in your civil claim. Under Texas law, a conviction can be introduced in civil proceedings as proof of the underlying conduct. If the driver pleaded guilty to DWI or intoxication assault, it is difficult for them — or their insurer — to argue that they were not impaired. Our attorneys monitor the criminal case closely and use plea agreements, sentencing records, and court findings to support your civil claim. We do not wait for the criminal process to finish before advancing your case, but we use every development to strengthen your position at the negotiating table or in court.
Yes, in many cases. Texas's Dram Shop Act allows injured victims to pursue claims against bars, restaurants, or other alcohol providers that served a visibly intoxicated person who then caused a crash. Austin's entertainment districts — including Rainey Street, Sixth Street, Red River Cultural District, and South Lamar — generate significant bar and restaurant liability exposure. To succeed, you generally need to show the establishment served someone who was obviously intoxicated at the time. Evidence like surveillance footage, receipts showing the number of drinks served, bartender witness statements, and the driver's blood alcohol level at the time of the crash can support this claim. Dram shop cases require fast investigation because this evidence disappears quickly. Smith & Vinson Law Firm moves immediately to preserve it.
When an employee causes a drunk driving crash while driving a company vehicle or performing work duties, the employer may also be liable under a legal theory called respondeat superior. Even if the driver was using the company vehicle for a personal detour, there can be liability depending on the circumstances. Additionally, if a company knew an employee had a history of DWI or alcohol problems and still gave them access to a vehicle, a negligent entrustment or negligent supervision claim may be available. Company vehicle crashes often involve commercial insurance policies with higher limits than personal auto coverage, which can substantially increase the compensation available to you. Smith & Vinson Law Firm investigates the driver's employment status, vehicle ownership, and the company's policies to identify all potential defendants.
Yes. As a passenger, you did not control the vehicle and are generally not considered at fault for the crash. You have the right to pursue a personal injury claim against the drunk driver — even if you knew them personally or voluntarily got in the car. Texas's modified comparative fault rule could become an issue if an insurer argues you assumed the risk by knowingly riding with an impaired driver, but this argument rarely eliminates recovery entirely. Our attorneys address these arguments directly and build the strongest case possible to secure compensation for your injuries, medical bills, and other losses.
Rideshare and delivery driver DWI crashes involve the same liability principles as other drunk driving cases, but with added complexity. Uber and Lyft maintain $1 million liability policies when drivers are actively transporting passengers or en route to a pickup. If the driver was actively using a delivery or rideshare app at the time of the crash, those policies may apply to your claim. However, the corporate entities often argue the driver was an independent contractor to distance themselves from liability. Smith & Vinson Law Firm examines the driver's app status, the company's insurance coverage, and all applicable policies to pursue every avenue of compensation available to you.
When a drunk driver's actions result in a fatality, surviving family members may pursue a wrongful death claim under Texas law. Eligible claimants generally include spouses, children, and parents of the deceased. Recoverable damages include loss of financial support, loss of companionship and consortium, mental anguish, funeral and burial expenses, and in appropriate cases, punitive damages reflecting the extreme recklessness of drunk driving. Texas also allows an estate representative to bring a survival action for damages the deceased could have claimed before death, including pain and suffering experienced before dying. Smith & Vinson Law Firm has experience representing families after catastrophic and fatal crashes throughout the Austin metro area.
Drunk driving injury cases in Austin typically rely on law enforcement reports from the Austin Police Department, Travis County Sheriff's Office, or Texas DPS documenting observations of intoxication, field sobriety test results, and BAC readings. Body camera and dash camera footage from responding officers can show the driver's condition at the scene. 911 call recordings, surveillance footage from nearby businesses or traffic cameras along corridors like I-35, MoPac, or Sixth Street, and witness statements all contribute to establishing fault. Medical records documenting your injuries, and financial records showing lost wages and treatment costs, are essential to proving damages. Our attorneys act quickly to secure this evidence before it is lost, deleted, or overwritten.
Yes. Insurance adjusters and defense attorneys routinely search social media accounts after a crash to find posts that can be used to contradict injury claims. A photo of you at an event, a comment about feeling fine, or check-ins showing physical activity can be taken out of context and used to argue your injuries are not as serious as claimed. After a drunk driving accident in Austin, avoid posting about the crash, your injuries, your treatment, or your daily activities on any platform — including Facebook, Instagram, TikTok, and X (Twitter). Do not delete existing posts either, as that can raise spoliation concerns. Your attorney at Smith & Vinson can advise you on social media precautions specific to your case from the very first consultation.
For serious injuries, the closest Level I trauma centers in Austin are Dell Seton Medical Center at The University of Texas (1500 Red River Street) and St. David's Medical Center (919 East 32nd Street). Ascension Seton Medical Center on 38th Street and St. David's South Austin Medical Center on Ben White Boulevard are also equipped for emergency trauma care. After emergency care, continue following up with specialists — orthopedic surgeons, neurologists, or rehabilitation providers — at Austin-area facilities. Consistent, documented treatment is one of the most important steps you can take to support your claim.
Yes. A criminal arrest can strengthen a civil injury claim, but you still must file a personal injury case to recover compensation.
Generally, you have two years from the date of the accident, though some cases require earlier action. Speak with an attorney as soon as possible.
You may still have options through uninsured/underinsured motorist coverage or claims against other liable parties. We can review all available avenues.

Hit by a drunk driver in Austin?
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Understanding Drunk Driving Accidents in Austin, Texas

Under Texas law, a driver is considered legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher, or if alcohol or drugs impair their normal use of mental or physical faculties. Drunk driving crashes often involve additional evidence, such as police reports, breath or blood test results, field sobriety tests, and criminal charges.

For crashes in and around Austin, police investigations may involve agencies such as the Austin Police Department, the Travis County Sheriff’s Office, or the Texas Department of Public Safety, depending on where the collision happened. Reports from these agencies, along with any body camera footage, dash cam recordings, and 911 audio, can provide powerful evidence about how the wreck occurred and how impaired the driver appeared at the scene. When we handle a case, we work to secure this material quickly so it is preserved and can be used to support your civil claim.

Importantly, a drunk driving accident can result in both a criminal case and a personal injury claim. While prosecutors handle the criminal charges, injured victims must pursue compensation through a civil personal injury claim. Our firm focuses on holding drunk drivers financially accountable for the harm they cause.

Criminal DUI Case vs. Civil Injury Claim

Many injured victims assume the criminal DUI case will automatically compensate them for their injuries. In reality, criminal charges are brought by the state and are focused on punishment, not financial recovery for victims. A civil personal injury claim is the legal process that allows injured individuals to recover compensation for medical expenses, lost income, pain and suffering, and other damages.

In Austin and across Travis County, a drunk driver might face prosecution in county or district court while the injured person’s civil claim is handled in a separate court with different rules and timelines. These cases sometimes move at different speeds, so we track both matters and use developments in the criminal case, such as guilty pleas or sentencing hearings, to support your civil claim without waiting on the criminal system to finish before we move your case forward.

A drunk driver can be convicted in criminal court and still fight responsibility in a civil case. Our attorneys monitor criminal proceedings closely, but we pursue independent civil claims to protect your financial future.

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Why Choose Smith & Vinson Law Firm After a Drunk Driving Accident?

Smith & Vinson Law Firm is led by founding partners Jarrod L. Smith and Brad Vinson, highly respected trial attorneys with a reputation for aggressive advocacy and detailed case preparation. Both attorneys have earned Super Lawyers recognition and maintain 10.0 ratings on Avvo, reflecting peer respect and client satisfaction.

What sets our firm apart:

Proven trial attorneys prepared to take cases to court
Super Lawyers–recognized representation
Available 24/7 for injured clients
Free & confidential consultations
No upfront fees — you pay nothing unless we win

Insurance companies know which law firms are willing to fight. We prepare every drunk driving injury case as if it will go to trial, which often leads to stronger settlements and better outcomes for our clients.

Call Smith & Vinson Law Firm today at (512) 359-3743 to discuss your case.

Common Drunk Driving Accident Scenarios in Austin

Drunk driving crashes in Austin tend to follow certain patterns, and understanding these scenarios can help you recognize how your collision fits into the legal landscape. Many serious wrecks occur late at night or on weekends when people are leaving bars, restaurants, or events in areas like Downtown, Rainey Street, South Lamar, and the Domain. Collisions at these times often involve high speeds, red-light running, or wrong-way driving, which can lead to severe injuries even at city-street speed limits.

Serious drunk driving accidents also happen on Austin’s major roadways, where traffic moves faster and drivers have less time to react. I-35, MoPac, US-183, and SH-71 see their fair share of crashes when an impaired driver weaves through lanes, stops unexpectedly, or fails to notice slowed traffic. In some cases, an intoxicated driver may enter an exit ramp or one-way frontage road in the wrong direction, putting every driver in their path at risk. These details can matter in your case because they influence how liability is evaluated and what kind of investigation is needed.

Another common scenario involves drunk drivers who are on the job, such as delivery drivers or employees using company vehicles to get home after a work-related event. When a company vehicle or work-related trip is involved, there may be additional insurance coverage and potential claims against an employer for negligent supervision or allowing unsafe driving. By carefully examining where the driver was coming from, who owned the vehicle, and what they were doing at the time of the crash, we work to identify every potential source of recovery that may be available to you.

Liability in Drunk Driving Injury Cases

In most drunk driving accidents, liability is clear, but additional responsible parties may also exist. Depending on the facts, liable parties may include:

The intoxicated driver
An employer, if the driver was working at the time
A bar, restaurant, or alcohol provider under Texas dram shop laws
A vehicle owner who negligently allowed an impaired person to drive

In the Austin area, liability questions can arise when a driver leaves a downtown bar district, a live music venue, or a large event at places like the Moody Center and then causes a crash on major roads such as I-35, MoPac, or SH-71. When this happens, we examine where the driver was drinking, how much they consumed, and who served them to determine whether a business or social host violated safety rules and should be included in your claim.

Texas’s Dram Shop Act allows injured victims to pursue claims against alcohol providers who overserved a visibly intoxicated person who later caused a crash. These cases require quick investigation and strong evidence, which our attorneys are prepared to handle.

Why Insurance Companies Fight Drunk Driving Injury Claims

Despite clear wrongdoing, insurance companies often fight drunk driving injury claims harder than expected. Adjusters may use several tactics to pressure victims into early settlements, especially when punitive damages are at stake.

When a crash happens in Austin, insurers may try to take advantage of local conditions, such as crowded trauma hospitals or long-term therapy needs, by questioning whether all of your treatment is related to the wreck. They might request recorded statements, broad medical authorizations, or quick lowball offers before you understand the full extent of your injuries. We help clients avoid these traps by handling communication with adjusters from the beginning and documenting how the collision has changed day-to-day life.

Smith & Vinson Law Firm anticipates these tactics. We evaluate all available insurance coverage, including liability policies, uninsured or underinsured motorist coverage, and any excess or umbrella policies. When coverage is limited, we identify additional liable parties to maximize recovery.

Insurance Issues in Drunk Driving Accident Claims

For Austin families facing serious injuries, it can be overwhelming to sort through multiple policies, medical liens, and benefit plans after a wreck. We help clients understand how health insurance, MedPay, and uninsured motorist coverage interact with a potential settlement so that they can make informed decisions. By organizing medical bills, tracking lost income, and projecting future costs, we present a clear picture of your losses to the insurance carrier and work to prevent them from undervaluing what you have been through.

Smith & Vinson Law Firm evaluates all available insurance coverage, including liability policies, uninsured or underinsured motorist coverage, and excess or umbrella policies. We also identify additional liable parties when coverage is inadequate.

Remember, insurance companies also frequently attempt to limit payouts, even when their insured driver was intoxicated. They may question injury severity, argue preexisting conditions, or delay claims to pressure victims into quick settlements. In some cases, policy limits may be insufficient to cover the injuries victims suffered. This is why it is important to involve an experienced drunk driving accident attorney who can protect your interests and keep insurance companies from taking advantage of your situation.

Texas Comparative Fault and Your Claim

Texas follows a modified comparative fault system. You may recover compensation as long as you are not more than 50% responsible for the accident. Any compensation awarded is reduced by your percentage of fault.

In practical terms, this means the insurance company may try to argue that you were speeding, distracted, or failed to avoid the collision, even when the other driver was clearly intoxicated. If you are found to be partially responsible for the collision, this could reduce the amount of compensation you receive. Our role is to gather evidence from the scene, such as skid marks, vehicle damage, and witness accounts, along with any available video, to show how the crash actually happened. This will help prevent insurers from reducing their liability by making it clear that you were not responsible for the crash. By doing this early, we work to protect your right to compensation and prevent unfair blame-shifting that could reduce the value of your drunk driving accident case.

Punitive (Exemplary) Damages in Drunk Driving Cases

Texas law allows courts to award punitive (exemplary) damages when injuries are caused by gross negligence or extreme recklessness, including drunk driving. These damages are not meant to compensate for losses, but to punish dangerous behavior and deter future misconduct.

To pursue punitive damages effectively, we look closely at the drunk driver’s conduct, including their blood alcohol level, prior alcohol-related offenses, and any particularly dangerous choices, such as driving the wrong way on a highway or speeding through a residential area. In some cases, evidence from bars or restaurants that continued to serve an obviously impaired person can also support a claim for exemplary damages. Building this kind of record takes time and careful preparation, which is why it is helpful to involve a lawyer as soon as possible after the crash.

Punitive damages are not automatic and require strategic pleading, strong evidence, and trial-ready preparation. Insurance companies fight these claims aggressively. Smith & Vinson Law Firm evaluates every drunk driving injury case for punitive damage potential and builds the foundation early when the facts support it.

Compensation Available After a Drunk Driving Accident

A personal injury claim may allow you to recover compensation for:

Past and future medical expenses
Lost wages and loss of earning capacity
Pain and suffering
Mental anguish and emotional distress
Physical impairment or disfigurement
Property damage
In some cases, punitive (exemplary) damages intended to punish especially reckless conduct

For many people injured in drunk driving crashes in Austin, medical needs do not end once the emergency room visit is over. Ongoing physical therapy, follow-up appointments, and potential future surgeries can add up quickly, especially if you are unable to return to your job right away. We take these long-term consequences into account by working with medical and financial professionals when needed so that any settlement demand reflects not just what you have already paid, but what you are likely to face in the months and years ahead.

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Highly Recommend - Professional, Compassionate, and Responsive Team!
“I had a very positive experience working with Smith and Vinson Law Firm. Jarrod and his paralegal, Paloma, were very organized, professional, responsive, and kept me informed throughout the process. Jarrod is very knowledgeable and experienced, and I especially appreciate his thoughtful consideration and genuine compassion during a very traumatic personal injury time.
Jarrod was always accessible and prompt whenever I had questions or when matters needed attention, which made a meaningful difference throughout the process.
Everything was handled with care and attention to detail, and I would highly recommend Jarrod and his team.
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- Ravi K.
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“I am incredibly grateful for the care and support I have received from this law firm. After my car accident, they have treated me with respect and kindness and have exhibited genuine compassion during a very traumatic time. Jarrod took the time to explain processes clearly and was patient when answering all of my questions. Between him and his paralegal, Paloma, I have felt comfortable and informed every step of the way. I cannot thank this team enough for all they have done and continue to do during this difficult time. If you are searching for a team that will stand by you and put in the effort to reach the best possible outcome, I cannot recommend Smith & Vinson enough.”

- Mariah S.

How Smith & Vinson Handles Drunk Driving Injury Cases

Our process is thorough and client-focused:

Detailed investigation of the crash and intoxication evidence
Review of criminal case materials and police reports
Identification of all liable parties and insurance coverage
Strategic negotiation with insurers
Trial-ready litigation when fair settlement is not offered

From the first meeting, we take time to learn how the collision happened, what treatment you have received, and how your life has been disrupted. We then develop a plan tailored to your situation, which may include visiting the crash scene, preserving vehicle evidence, and communicating with medical providers in the Austin area about your ongoing care. As your case progresses, we review any settlement offers with you in detail, so you understand what is being proposed and can decide whether to resolve the claim or continue toward trial.

We keep clients informed at every stage and provide clear, honest guidance throughout the legal process.

What To Do After a Drunk Driving Accident in Austin

The moments and days after a drunk driving crash can feel chaotic, but taking a few key steps can make a real difference in your safety and your future claim. Getting medical attention right away, whether at a nearby emergency room such as Dell Seton Medical Center or an urgent care clinic, helps protect your health and creates documentation of your injuries. Even if you think you are okay, symptoms from head, neck, and back injuries can develop over time, so it is important to describe every ache and limitation to your doctors.

Once your immediate medical needs are addressed, try to preserve as much information as you can about the collision. If it is safe, take photos of the vehicles, the intersection or roadway, visible injuries, and any debris or skid marks. Save copies of the exchange of information form, the incident number provided by law enforcement, and any communication you receive from insurance companies. If friends or family members were with you, ask them to write down what they remember while the details are fresh.

As soon as practical, consider speaking with an attorney before giving recorded statements or signing any insurance documents. A consultation with an Austin drunk driving accident lawyer can help you understand how to handle adjuster calls, how to use your own insurance benefits, and what you should avoid posting on social media while your claim is pending. Having guidance early on can prevent common mistakes that insurers later use to challenge your injuries or argue that the crash was not as serious as it felt to you at the time.

Speak With an Austin Drunk Driving Accident Lawyer Today

If you were injured by a drunk driver, timing matters. Evidence can disappear, witnesses fade, and insurance strategies begin immediately. Having experienced trial attorneys involved early can significantly affect the outcome of your case. We offer free & confidential consultations, are available 24/7, and charge no fees unless we recover compensation for you.

When you contact our office after a drunk driving crash in Austin, we can explain what to expect in the coming weeks, including interactions with adjusters, medical billing issues, and potential contact from prosecutors handling the criminal case. Our goal is to take as much of the legal and administrative burden off your shoulders as possible so you can focus on healing. We work to protect your rights and pursue accountability from the impaired driver and any other responsible parties.

Call Smith & Vinson Law Firm today at (512) 359-3743 to speak with an experienced Austin drunk driving accident attorney and take the next step toward recovery.

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