San Antonio Drunk Driving Accident Lawyer

The legal alcohol limit for drivers in Texas is a blood alcohol content of .08 percent. Commercial vehicle drivers are held to a stricter standard, as motorists are more at risk of fatigue from driving long hours and commonly operate heavy, dangerous vehicles like semi-trucks. The legal limit for commercial drivers is 0.04 percent.

Drivers do not need to be legally impaired to be arrested for drunk driving offenses. Police officers can arrest individuals with lower BAC levels if they suspect impairment.

BAC is the medical and legal determination of alcohol in the body as a percentage, commonly measured by blood, breath, or urine. It is calculated in milligrams per 100 milliliters of blood or 210 liters of breath. Therefore, if an individual has a BAC of .08, there is 0.08% alcohol in the blood.

Everyone’s tolerance to alcohol is unique; the general effects of a blood alcohol content of .08 (legally impaired) include fatigue, slurred speech, blurred vision, slow reaction time, imbalance, and impaired judgment. Even those under the legal limit can expect minor impairment in judgment and reduced inhibitions, making driving with any alcohol in the system dangerous.

With a BAC of .11, individuals are legally drunk and typically demonstrate greater levels of motor impairment. The depressive symptoms of intoxication also tend to be more pronounced.

A person with a blood alcohol content of .16-.19 may be in a strong depressive state and experience disorientation and dizziness. At .20, there is an increased risk of nausea or vomiting, and an intoxicated person will likely need support to stand or walk.

At .24-.30, an intoxicated individual will be in a stupor, have little comprehension, and may pass out. Physical and mental function is severely impaired, making accidents highly likely.

Severe alcohol intoxication (.31+) can lead to loss of consciousness, amnesia, acute alcohol poisoning, or death. Individuals with a BAC this high may become comatose or die due to respiratory failure.

Driving under the influence (DUI) and driving while intoxicated (DWI) are often used interchangeably to describe any individual driving after alcohol consumption. However, the two terms have distinct meanings under Texas law,

The courts can give anyone a DWI, but DUI charges are reserved only for minors and qualified drivers younger than 21.

The threshold for a DWI – as per section 49.01(2) of the Texas Penal Code — is as follows:

A person is “intoxicated” if they meet either of the following conditions:

1. They do not have the normal use of mental or physical faculties due to alcohol or drugs
2. They have a BAC of 0.08 or higher

It’s also worth noting that Texas statute defines DWI as “operating” a vehicle while intoxicated. In Texas, though, the term “operate” is broad. Courts have defined it to include any action to “affect the functioning” of a vehicle in a manner that “enables its use.” By this definition, an individual does not necessarily need to be driving a vehicle to be charged with a DWI.

Unlike a DWI, where the threshold is a BAC over the limit, a DUI is issued when minors have any detectable alcohol in their system.

Texas has a zero-tolerance policy for alcohol in a driver under the age of 21. This policy means that an underage driver does not need to be legally “impaired” to receive a DUI charge — any detectable amount of alcohol is illegal for a person under 21.

Drunk drivers can face criminal charges in Texas. Penalties can vary depending on the type of charge (DWI versus DUI) and whether it is the first offense.

Driving Under the Influence (DUI) Penalties

The first offense for minors under 17 is a Class C misdemeanor punishable by:

• 20-40 hours of mandatory community service
• A fine of up to $500
• A license suspension for up to 60 days
• A mandatory alcohol education class.

The first offense for minors aged 17 to 20 is a Class B misdemeanor punishable by:

• A fine of up to $2,000
• 72 hours to 180 days in jail
• A license suspension for one year.

Second offenses are Class C misdemeanors punishable by:

• A fine of up to $500
• 40 to 60 hours of mandatory community service
• A license suspension for 180 days to two years
• A mandatory alcohol education class.

A third offense is classified as delinquent conduct by a minor, with penalties including:

• A fine of up to $500
• 40 to 60 hours of mandatory community services
• A license suspension for 180 days to two years.

Driving while Intoxicated (DWI) Penalties

A DWI is a more severe charge than a DUI, and penalties can range from large fines and driver’s license suspension or revocation to jail time.

The Texas Penal Code governs DWIs issued to anyone of any age who has a blood alcohol content (BAC)* of 0.08 or higher or is demonstrably impaired. The standard first offense DWI is a class B misdemeanor.

First offense:

• A fine of up to $2,000
• Up to 180 days in jail with a mandatory three-day minimum term
• A license suspension for up to one year.

Second offense:

• A fine of up to $4,000
• A jail term or one month to one year
• A license suspension for up to two years.

Third offense:

• A fine of up to $10,000
• A jail term of two to ten years
• A license suspension for up to two years.

Additional penalties can apply depending on the nature of the accident.

Individuals convicted of a DWI with a passenger under 15 in the car face a fine of up to $10,000, up to two years in prison, license suspension for 180 days, and child endangerment charges.

If an intoxicated driver kills a person in a DUI or DWI accident, the police can charge them with intoxication manslaughter. This is a second-degree felony that carries a prison term of two to 20 years and a fine of up to $10,000.

Civil Penalties

A victim of a drunk driving accident in San Antonio can file a civil lawsuit to hold the person or party that caused the accident (including bars or party hosts under dram shop and social host laws) responsible for their pain, suffering, and economic losses.

The family of a loved one who died in a drunk driving accident can file a wrongful death lawsuit. A criminal court does not have to find the drunk driver guilty of intoxication manslaughter for you to pursue and win a civil claim, as the burden of proof is higher in criminal proceedings.

Officers use a variety of field sobriety tests to check for signs of intoxication in drivers. Which test or tests to give is at the officer’s discretion.

DWI task force officers usually perform three tests:

1. Horizontal Gaze Nystagmus (HGN): The officer takes a pen and moves it across a person’s face, having the person follow the pen with their eyes.
2. Nine-step walk-and-turn: The officer observes the person as they walk heel-to-toe.
3. One-legged stand: This tests a person’s sense of balance.

If an officer determines a driver is intoxicated, they are arrested and asked to take a breath or blood test.

The most important thing to do after a drunk driving accident is to ensure you’re safe.

Seek medical attention right away. If an ambulance does not take you to the hospital, you still need to get checked by a doctor as soon as possible. Some injuries, even serious ones, don’t have immediate symptoms.

Documenting your injuries can also benefit you if you claim compensation, as they prove when your injuries occurred. You should never refuse medical assistance due to financial concerns. You can recover these costs if you win your case, and a San Antonio drunk driving accident attorney can help you finance any immediate treatment costs or delay payment until your claim is resolved. Your health and safety always come first.

You’ll likely hear from an insurance adjuster after your accident. Their intentions are two-fold: to glean information they can use against you to reduce your entitlement or dismiss your claim entirely and to offer you a settlement to drop the case.

Unfortunately, any settlement offered at this stage is unlikely to be fair. It may not be enough to cover your expenses, especially if you need additional medical treatment or can’t work.

You should never negotiate with an insurance company without a lawyer. Our drunk driving accident attorney in San Antonio is a skilled advocate who knows how to communicate with insurance companies.

If an insurance adjuster visits the hospital to offer you a settlement (likely when you need it most), you should speak to a lawyer before signing any agreement. If they ask questions about your accident or injuries, politely decline to answer without your attorney and state that you’re still seeking treatment and cannot comment.

It’s vital not to rush into a settlement until you understand the full extent of your injuries and how they might impact your life. A seemingly minor injury can progress to something more severe, and you’ll want a settlement that compensates you for any lasting harm you might endure. A lawyer can help you obtain a full evaluation of your injuries to ensure you get the compensation you deserve.

Drunk driving can play a role in any auto collision, from head-on truck accidents to rear-end car crashes. However, some of the most common in San Antonio are:

Pedestrian Accidents

Drunk driving is a major cause of pedestrian accidents. Pedestrians are especially vulnerable when walking down the street, and the impact of a high-speed car operated by a drunk driver can have severe, even deadly, consequences.

Drunk drivers might ignore traffic lights at pedestrian crossings, veer off marked roadways, and hit pedestrians on sidewalks or street corners.

Head-On Collisions

Head-on collisions involving drunk drivers typically result in catastrophic injuries and significant property damage. Alcohol impairs vision, motor abilities, reaction times, rational thinking, and consciousness, leading drivers to miss traffic signs and potentially drive into oncoming traffic. This type of car accident is extremely dangerous, and the faster either vehicle is moving, the worse the outcome.

Rear-End Collisions

Rear-end car accidents can occur due to tailgating or sitting in a larger vehicle’s blind spot. Alcohol affects vision, making it harder for drunk drivers to judge distance and speed. Rear-end accidents commonly happen when drunk drivers follow too closely because they cannot accurately perceive the vehicle ahead. If that vehicle brakes for a stop light or at an intersection, the drunk driver may hit them as their reaction time is significantly slower.

Hit-and-Run

A drunk driver who leaves an accident scene can be charged with two crimes: DWI and hit-and-run. Claiming compensation after a hit-and-run accident in Texas can be more challenging, especially if you did not get a good look at the drunk driver before they fled. Fortunately, there are several things a drunk driving accident attorney can do to identify the person responsible and build a case against them, including speaking with witnesses who may have seen what type of vehicle they were driving and the direction they headed and viewing traffic cam footage of the local area.

Passenger Collisions

Passengers riding with a drunk driver — including ride-share drivers — and injured in a collision can potentially file a civil claim against the driver. Sometimes, passengers may be partially responsible for their injuries, such as if they knew the driver was intoxicated and still chose to ride in the car or handed them the keys.

Wrongful Death

Losing a family member is devastating, especially when it’s preventable. The compensation you can recover for your loved one’s wrongful death depends on several factors, including their age and the extent of negligence or recklessness by the responsible party. Wrongful death compensation can include mental anguish endured by the family, funeral costs, outstanding medical expenses, and lost income potential. It’s also possible to recover exemplary damages — also known as punitive damages — when your loved one’s death is due to another party’s willful act, omission, or gross negligence.

The drunk driver is still liable for compensating you — regardless of whether they have car insurance. However, you should consider why the drunk driver doesn’t already have insurance. If they cannot afford it, it’s unlikely they have the funds for a personal injury settlement. Our drunk driving accident lawyer in San Antonio can explore your options after an accident with an uninsured driver, including:

• Placing a lien on the defendant’s property or seizing a portion of their wages.
• Suing another liable party with financial resources, such as the establishment that served the driver (if dram shop laws apply).
• Filing an uninsured motorist claim if you have coverage.

Claiming from the Texas Crime Victims’ Compensation Program to cover any compensation the drunk driver can’t provide (limited to $50,000).

Evidence is the foundation of all successful drunk driving accident claims. Your police report (also called a crash or accident report) can prove critical, showing whether or not a driver was impaired.

When officers respond to car accidents, they will test a driver’s blood alcohol content if they have cause to believe they are impaired and document the results in a written report.

When your crash report shows that another driver tested positive for intoxication, it is much easier to prove liability.

Above: Three Texas accident reports showing various blood alcohol content test results. [link to screenshots for upload: D. April 2024 – Google Drive]

That’s because you must prove several elements in a drunk driving claim, including that the driver breached a duty of care owed to you.

Meeting these criteria can be challenging, but a legal doctrine called negligence per se automatically satisfies this burden of proof.

Negligence per se establishes a presumption of negligence because an individual has violated a statute or regulation, such as a traffic law.

As drunk driving is a crime — and a positive BAC test proves the crime has been committed — you can effectively skip the requirement to show a breach of duty, meaning all you need to do is show the accident caused your injuries (for example, by going to the hospital after your crash and documenting your injuries).

The statute of limitations is the time limit to file a complaint against the person or business that caused your injuries or the death of your loved one. In Texas, the personal injury statute of limitations is two years from the day of the crash. This applies whether you are filing a drunk driving accident claim or for wrongful death.

However, there are exceptions. One example is the “discovery rule,” which starts the clock from the date you discovered — or should have reasonably discovered — your injury. This may apply if you sought treatment after your accident, but your injuries were not apparent until years later. The discovery rule is subject to the statute of repose — a strict, unmovable deadline that prevents legal action if it has been 10 years since the accident.

You can file a civil suit even if criminal action is pending against them. Depending on how well negotiations go and whether or not you proceed to court, your claim might be resolved before or after the criminal case.

For example, if the at-fault driver does not dispute liability and offers a fair settlement, your case might be resolved fairly quickly. However, if you file a lawsuit, the criminal case will take precedence in the courts due to the Sixth Amendment right to a speedy trial.

Given the two-year statute of limitations on Texas personal injury claims, it’s best not to wait for criminal charges to play out. With court backlogs, it can take several years to get a trial date, so you risk missing your window to claim compensation.

Drunk driving accidents often cause severe injuries or result in the drunk driver’s arrest, making it impossible for victims to obtain the other drivers’ identifying information immediately afterward. A San Antonio drunk driving accident attorney can gather all necessary information and evidence to support your claim, including the drunk driver’s name, contact information, insurance company, conviction history, and history of alcohol or drug-related issues.

Many parties involved in drunk driving accidents choose to settle rather than decide their case at trial. That doesn’t mean one option is better than the other. What you choose should depend on the specific facts of your drunk driving accident. If the insurance company is unwilling to offer a reasonable settlement, your attorney can file a civil lawsuit and litigate your case. However, if you’re offered fair compensation that covers your past and anticipated losses, there is little reason not to settle.

You should start by negotiating a settlement with the other driver’s insurance company. File a third-party claim against the drunk driver’s car insurance carrier to let them know you seek full compensation for injuries and losses resulting from the accident and see what they offer.

It’s helpful when making your decision to know any prior DUI or DWI convictions against the insured driver. Insurance companies recognize that a lawsuit against someone with a record can be more difficult and costly for them, which may factor into the injury settlement they’re willing to provide.

No matter where you are in the process, speak to a lawyer before agreeing to any offers of compensation.

Many parties involved in drunk driving accidents choose to settle rather than decide their case at trial. That doesn’t mean one option is better than the other. What you choose should depend on the specific facts of your drunk driving accident. If the insurance company is unwilling to offer a reasonable settlement, your attorney can file a civil lawsuit and litigate your case. However, if you’re offered fair compensation that covers your past and anticipated losses, there is little reason not to settle.

You should start by negotiating a settlement with the other driver’s insurance company. File a third-party claim against the drunk driver’s car insurance carrier to let them know you seek full compensation for injuries and losses resulting from the accident and see what they offer.

It’s helpful when making your decision to know any prior DUI or DWI convictions against the insured driver. Insurance companies recognize that a lawsuit against someone with a record can be more difficult and costly for them, which may factor into the injury settlement they’re willing to provide.

No matter where you are in the process, speak to a lawyer before agreeing to any offers of compensation.