Injured by a Drunk Driver?
Houston DUI and DWI Accident Lawyer
Driving under the influence of alcohol or drugs is one of the most reckless and dangerous choices a driver can make. Despite harsh penalties in Texas, DUI and DWI accidents remain a leading cause of catastrophic injuries and deaths. If you or a loved one has been harmed by a drunk driver, The Miller Law Firm — home of The Texas Bulldog — is here to fight for justice and maximum compensation.
Quick Answer: Can I Sue a Drunk Driver in Texas?
If a drunk driver injured you in Texas, you can pursue compensation from the driver, and in some cases from the bar or business that over-served them under Texas's dram shop law. A DUI or DWI crash can also support punitive damages on top of your medical bills and lost wages. The Miller Law Firm offers a free case review.
Watch
Houston Drunk Driving Accident Lawyer: Fighting for Victims
Adam Miller — The Texas Bulldog — on drunk driving accident cases in Houston.
Why It Is Different
Why Drunk Driving Accidents Are Different
Unlike ordinary car accidents, DUI and DWI crashes often involve extreme recklessness, such as speeding, running red lights, or swerving into oncoming traffic.
12,429people killed in alcohol-impaired driving crashes in the U.S. in 2023NHTSA
1 / 42 minone alcohol-impaired driving death every 42 minutesNHTSA
1,000+people killed in DUI-alcohol crashes on Texas roads in 2024TxDOT
~3 / dayTexans lost to drunk driving every dayTxDOT
U.S. figures come from NHTSA's 2023 data. Texas figures come from TxDOT's 2024 DUI-alcohol crash data.
Victims often face severe injuries such as brain trauma, spinal damage, and amputations, along with long hospital stays, lost wages, permanent disability, or wrongful death. Learn more in our guides on catastrophic injuries and wrongful death claims.
If the crash involved an Uber or Lyft vehicle, a rideshare accident lawyer in Houston can help determine which insurance policies apply.
Common DUI and DWI Accident Scenarios
Impaired drivers cause crashes in predictable and devastating ways.
Head-On Collisions
Caused when an impaired driver crosses the center line into oncoming traffic.
Rear-End Crashes
Drunk drivers often fail to stop in time at red lights and stop signs.
Pedestrian and Bicyclist Strikes
Impaired reaction times put people in crosswalks at serious risk. See our pedestrian accident page.
Intersection T-Bone Collisions
Drivers under the influence frequently run red lights and stop signs, causing broadside crashes.
The Criminal Case vs. Your Civil Claim
Yes, you can sue a drunk driver even if they already face criminal charges. A criminal case punishes the driver, but it does not pay your medical bills or lost wages.
The Criminal Case
The State prosecutes the driver to punish the crime. The outcome does not put money in your pocket, and you are not the one bringing the case.
Your Civil Claim
You, with your attorney, seek compensation for your injuries and losses. A separate civil case lets you recover what the crash cost you.
You do not have to wait for the criminal case to end before you call a lawyer. Evidence from both cases can overlap, and early action helps preserve it.
Social Host and Dram Shop Liability
Sometimes more than the driver is responsible. Texas law can reach the people and businesses that provided the alcohol.
Social Host Law
A social host may face civil liability only if they serve alcohol to a minor who then causes an accident. Providing alcohol to a minor is also a Class A misdemeanor, with possible jail time and fines.
Dram Shop Law
Bars, clubs, and restaurants can be held accountable if they over-serve a person who is obviously intoxicated, and that person later causes harm. These cases require detailed evidence, and The Texas Bulldog knows how to build them.
What a Dram Shop Claim Must Show
Alcohol was served
The business sold or served alcohol to the driver.
The driver was obviously intoxicated
To the point of being a clear danger to themselves and others.
It caused your crash
The intoxication was a proximate cause of your injuries.
Related guide: Houston Drunk Driving Accident Lawyer: Get Justice With The Texas Bulldog.
Beyond Compensation
Punitive Damages in DUI Cases
Unlike many car accident claims, a drunk driving case may support punitive (exemplary) damages. These are meant to punish extreme conduct and discourage others from making the same choice.
A Higher Standard of Proof
Texas requires clear and convincing evidence of gross negligence or malice before a jury can award punitive damages.
A Usual Cap
Punitive damages in most Texas cases are capped by statute (Civ. Prac. & Rem. Code § 41.008).
Exceptions for Intoxication Felonies
The usual cap does not apply when the conduct amounts to intoxication assault or intoxication manslaughter.
Every case is different, and whether punitive damages are available depends on the facts. We dig into police reports, witness statements, bar receipts, and toxicology results to build the strongest possible case.
Compensation After a DUI or DWI Accident
Being hit by a drunk driver often leaves victims facing overwhelming financial and emotional losses, from hospital bills and missed paychecks to long-term therapy and lost earning potential. We carefully evaluate every category of damages so you are not shortchanged.
Medical Expenses
ER visits, surgeries, medications, rehabilitation, and future care costs.
Lost Wages and Earning Capacity
Income already lost and the long-term impact on your career.
Pain and Suffering
Physical pain, mental anguish, and disruption to daily life.
Property Damage
Repair or replacement of your vehicle and other personal property.
Wrongful Death Damages
Funeral costs, loss of financial support, and emotional losses for surviving family members.
Punitive Damages
In some cases, awarded to punish reckless, intoxicated driving.
We pursue every available insurance policy and third-party liability angle, including dram shop claims. Our mission is simple: maximize your recovery and give you the financial stability you need to move forward.
Proof We Gather
Evidence We Gather in Drunk Driving Cases
Police Reports
The crash report, arrest records, and officer observations.
Toxicology Results
Blood alcohol and drug test results.
Witness Statements
People who saw the crash or the driver beforehand.
Bar Tabs and Receipts
Proof of what was served and when.
Surveillance Video
Footage from bars, restaurants, and nearby businesses.
Vehicle Data
Speed and braking data from the car.
911 Recordings
Calls that capture what happened in real time.
Medical Records
Records that connect your injuries to the crash.
Steps to Take After a Drunk Driving Crash
1
At the scene
Call 911 and get a police report
Make sure police respond and document the scene. Ask for the report number.
2
Right away
Seek immediate medical care
Get checked even if you feel fine. Some injuries do not show up for hours or days.
3
First days
Preserve evidence
Photos, witness contact information, and receipts from bars or restaurants.
4
Before insurers call
Contact The Texas Bulldog
Call before you speak with insurance adjusters, so your words cannot be used against you.
Watch for illegal solicitation. If a caller or case runner contacts you about your accident before you have reached out to anyone, that may be illegal under Texas law. See our guide on what to do if a lawyer contacts you first. See also: what to do after a car accident in Texas.
How Much Does a DUI or DWI Lawyer Cost?
At The Miller Law Firm, home of The Texas Bulldog, we work on a contingency fee basis. You pay nothing unless we recover compensation for you.
$0Upfront to hire us
$0Unless we win your case
$0For your first consultation
We advance litigation expenses, expert fees, and medical evaluations.
Client Reviews
Nothing builds trust like hearing directly from the people we have helped. Here is what some of our clients say.
★★★★★
“Adam Miller and his staff are very kind, respectful and professional. They handled my situation very well and made me feel comfortable. I was even able to speak to him directly if I had to discuss any concern I had. I definitely recommend them.”
G Rodriguez
Google Review
★★★★★
“Miller Law Firm is your best choice if you are ever in an accident. They were with me every step of the way and helped me win big! Excellent customer service and an attorney that truly cares! Highly recommend!”
Devin Hebert
Google Review
★★★★★
“Adam Miller is representing me in regards to a vehicle related accident. He is honest, straight forward, and made me feel comfortable during a time of uncertainty. Do not hesitate to call the Miller Law Firm!”
Reed Harding
Google Review
★★★★★
“If you are ever in an accident contact the Miller Law Firm. They are so helpful and reliable. The staff there are amazing and knowledgeable about your case. If they don't know they will find out. Mr. Miller is amazing and funny. It's a Texas BullDog thing.”
Tericka Marshall
Google Review
Helpful Drunk Driving Accident Guides
These guides go deeper on drunk driving crashes in Houston and across Texas.
What to Do After a Drunk Driving Accident in HoustonA practical checklist for the hours and days after a crash.Read the guide →Hit by a Drunk Driver in Houston?How The Texas Bulldog fights for victims.Read the guide →What to Do If You've Been Hit by a Drunk DriverSteps to protect your health and your claim.Read the guide →Drunk Driving Accidents in Houston: What Victims Need to KnowThe legal basics for victims and families.Read the guide →Houston Drunk Driving Accident LawyerGet justice with The Texas Bulldog.Read the guide →If Your Uber or Lyft Driver Is Under the InfluenceWhat to do and who may be responsible.Read the guide →Bilingual Personal Injury Attorney: A DWI Crash CaseA Spanish-language DWI crash story from Bay City.Read the guide →Texas Uninsured and Underinsured Motorist GuideWhen the drunk driver has no insurance.Read the guide →Texas Statute of Limitations GuideFiling deadlines for injury and wrongful death claims.Read the guide →
DUI and DWI Accident FAQs
Here are answers to common questions from drunk driving crash victims in Houston.
What should I do immediately after being hit by a drunk driver?
Call 911, get medical attention, and file a police report. Preserve any evidence, like photos, witness contact info, and receipts from bars, and contact an attorney before speaking to insurance companies.
Can I sue a drunk driver if they already face criminal charges?
Yes. A criminal case punishes the driver, but it doesn't pay your medical bills or lost wages. You can still pursue a civil case for compensation.
What if the drunk driver doesn't have insurance?
You may be able to file a claim under your uninsured/underinsured motorist coverage or explore third-party liability through Texas dram shop law if a bar or restaurant over-served the driver.
How much is my DUI/DWI accident case worth?
The value depends on your injuries, medical costs, lost income, and whether punitive damages apply. Serious or fatal crashes often lead to higher settlements or verdicts.
How long will a DUI/DWI accident case take?
Some cases settle within months, while others, especially those involving catastrophic injuries or wrongful death, may take a year or more. Our firm pushes for the fastest resolution without sacrificing value.
Can the bar or restaurant that served the drunk driver be held responsible?
Yes, under Texas dram shop law, bars, clubs, or restaurants can be liable if they served alcohol to a person who was obviously intoxicated and a clear danger to others, and that intoxication caused the crash.
Will insurance cover my damages after a DUI/DWI accident?
Insurance may cover medical bills, property damage, and other losses. However, insurers often try to minimize payouts. Having an experienced DUI/DWI lawyer ensures your rights are protected.
What if I lost a loved one in a drunk driving crash?
Families may pursue a wrongful death claim to recover funeral expenses, loss of financial support, and emotional damages. Our firm fights aggressively for surviving families.
Do DUI/DWI accident cases allow punitive damages?
They can. Punitive damages require clear and convincing proof of gross negligence or malice, and Texas generally caps them. The cap does not apply when the driver's conduct amounts to intoxication assault or intoxication manslaughter. Whether they are available depends on the facts of your case.
How long do I have to file a claim?
In Texas, you generally have two years from the date of the accident to file a personal injury or wrongful death lawsuit.
What is the difference between a DUI and a DWI in Texas?
In Texas, a DWI generally applies to adults who are intoxicated, meaning a blood alcohol concentration of 0.08 or more, or the loss of normal use of mental or physical faculties. A DUI generally applies to drivers under 21 with any detectable amount of alcohol. Either way, a driver who caused a crash while impaired can be held responsible in a civil claim.
Does the driver have to be convicted for me to recover?
No. Your civil claim is separate from the criminal case and uses a different standard of proof. A conviction can help, but you can recover even if the driver is never convicted.
Ready to Speak With an Attorney?
Contact The Texas Bulldog
Our attorneys have recovered hundreds of millions of dollars for injured Texans. If you or a loved one was injured by a drunk driver, do not wait. Evidence disappears quickly, and insurance companies are already building their defense. The Texas Bulldog can help you today.
Call (713) 572-3333 today or contact us online for a free consultation.
Our Houston Office
Address4900 Woodway Drive, Suite 900
Houston, TX 77056
Houston, TX 77056
Phone(713) 572-3333
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