When a drunk driver hurts you, two separate legal cases begin, and only one of them is about you. The criminal case punishes the driver. Your civil case is the one that actually pays for your injuries, your lost income, and your recovery.
As San Angelo drunk driving accident lawyers, Scott Templeton and our team have helped victims of impaired drivers across West Texas for more than 25 years. The district attorney handles the crime. We handle getting you paid.
The consultation is free. Call (325) 482-9120 or use our contact form. You pay nothing unless we recover.
What Is the Difference Between the Criminal Case and Your Civil Claim?
They are two completely separate cases with different goals, and understanding that difference protects you. The criminal case is the State of Texas against the driver, and its purpose is punishment: jail, fines, and a license suspension.
None of those criminal penalties put money in your pocket. Even if the driver is convicted and the fines are paid, that money goes to the State, not to you. A criminal conviction can help prove your civil case, but it is not a substitute for one.
Your civil claim is separate. It is the only path to compensation for your medical bills, lost wages, and pain. You can pursue it whether or not the driver is ever criminally charged or convicted.
Texas Drunk Driving Laws Explained
Texas considers a driver legally intoxicated at a blood alcohol concentration, or BAC, of 0.08 percent or higher. A driver can still be charged below that level if alcohol or drugs impaired their ability to drive safely.
Stricter limits apply to certain drivers. Commercial drivers are held to a 0.04 percent limit, and drivers under 21 can be charged with any detectable amount of alcohol.
For your civil claim, the exact charge matters less than the proof of impairment. Evidence that the driver was drunk supports both the criminal case and your claim for damages.
Texas Impaired Driving at a Glance
| Category | What Texas Law Says |
| Standard adult BAC limit | 0.08 percent |
| Commercial driver BAC limit | 0.04 percent |
| Driver under 21 | Any detectable amount of alcohol |
| First-offense DWI | Class B misdemeanor, up to 6 months jail |
| Impact on your civil claim | Proof of intoxication supports gross negligence |
Hurt by a drunk driver? Call (325) 482-9120 for a free case review.
Drunk Driving by the Numbers in Texas
Drunk driving remains one of the deadliest and most preventable dangers on Texas roads. State and federal data show that impaired drivers kill Texans at a steady, tragic pace, and the losses are entirely avoidable.
The numbers show both the scale of the problem and why these cases carry weight with juries. A drunk driving crash is not an accident in the ordinary sense. It is the result of a choice.
Texas and National Impaired Driving Data
| Data Point | Figure |
| Texas impaired driving deaths (2025) | 1,254, about three Texans per day |
| Share of Texas traffic deaths with an alcohol-impaired driver (2024) | 30 percent |
| Fatal-crash risk when alcohol and THC are combined | 25 times higher |
| Peak days for fatal DWI crashes | Friday and Saturday nights |
The National Highway Traffic Safety Administration, or NHTSA, publishes national data and research on impaired driving that provides useful context for how these crashes happen and why they are so severe.
At the state level, the Texas Department of Transportation, or TxDOT, documents the human toll of impaired driving through its public safety campaigns and crash reporting.
Who Can Be Held Responsible for a Drunk Driving Crash?
The drunk driver is the obvious defendant, but they are often not the only one who can be held responsible. Texas law allows victims to look beyond the driver to others whose conduct contributed to the crash.
Potentially responsible parties include:
- The impaired driver, for the choice to drive drunk
- A bar or restaurant that overserved a visibly intoxicated patron
- A store that sold alcohol to an obviously intoxicated person
- An employer, if the driver was drinking and driving for work
- A social host, in certain situations involving minors
Identifying every responsible party matters because the driver alone may not have enough insurance to cover a serious injury. Additional defendants can mean additional sources of recovery.
What Is the Texas Dram Shop Law?
The Texas Dram Shop Act allows an injured person to hold a bar, restaurant, or store liable for serving alcohol to someone who was obviously intoxicated. It is one of the most important tools in a drunk driving case, and most victims have never heard of it.
Under the law, a business can share responsibility if it served a customer who was already visibly drunk and that customer then caused a crash. The key is proof that the person was obviously intoxicated at the time they were served.
These cases require fast action, because the evidence disappears quickly. Receipts, surveillance video, and server statements can establish over-service, but bars are not required to keep that evidence for long. Moving early is what preserves this second source of recovery.
Was the driver overserved at a bar? Call (325) 482-9120 before the evidence is gone.
Damages Available in a Drunk Driving Case
A drunk driving victim can pursue the same damages as any injury victim, plus one category that ordinary crashes rarely allow. Because driving drunk is considered gross negligence, Texas law may permit exemplary damages.
Recoverable damages typically include:
- Past and future medical treatment
- Lost income and reduced future earning capacity
- Pain, suffering, and mental anguish
- Physical impairment and disfigurement
- Property damage to your vehicle
Exemplary damages, also called punitive damages, are different. They are not meant to compensate you for a loss. They exist to punish the driver and deter others from driving drunk.
Why Are Drunk Driving Cases Often Worth More?
The availability of exemplary damages is a major reason a drunk driving claim can be worth more than an ordinary car accident claim. A regular crash usually involves simple negligence, which does not open the door to punitive damages.
Driving while intoxicated is treated as gross negligence, a conscious choice that showed reckless disregard for the safety of others. That distinction can significantly increase the value of a claim when the evidence supports it.
What Evidence Wins a Drunk Driving Case?
The strongest drunk driving cases are built on evidence gathered quickly, before it fades. Some of the most valuable proof exists only for a short window after the crash.
Evidence From the Crash Itself
The police report, the officer’s observations, and any breath or blood test results form the backbone of the case. Field sobriety test results and the officer’s notes on the driver’s behavior also carry weight.
Scene photographs, vehicle damage, and the final resting positions of the vehicles help reconstruct what happened. Witnesses who saw the driver before or after the crash can be decisive.
Evidence of Over-Service
When a bar or restaurant may share liability, a different set of records matters. Credit card receipts, bar tabs, and surveillance video can show how much the driver was served and whether they were visibly intoxicated.
This evidence disappears fast, because businesses are not required to keep it for long. That is why acting quickly is often the difference between having a dram shop claim and losing one.
Drunk Driving Crashes in and Around San Angelo
San Angelo and Tom Green County see the same impaired driving patterns that affect the rest of Texas, with a few local factors of their own. Late-night crashes cluster around weekend nights and holidays, when more drivers are on the road after drinking.
The area’s mix of city streets, rural highways, and long stretches between towns can make impaired driving especially dangerous. A drunk driver on an open county road at night poses a serious risk to anyone sharing that route.
Local knowledge matters in these cases. Familiarity with the roads, the courts, and the establishments in the area helps in identifying every source of responsibility for a crash.
How Do Insurance Companies Handle Drunk Driving Claims?
You might assume the drunk driver’s insurer will simply do the right thing, but that is a costly assumption. Insurance companies are businesses, and their goal is to pay as little as possible even when their driver was clearly at fault.
Common tactics include a fast lowball offer before you know the full extent of your injuries, and attempts to argue you were partly at fault. A quick settlement often leaves future medical costs completely uncovered.
Farrah, our case manager and a licensed insurance adjuster with more than 15 years in the field, knows these tactics from the inside. She helps make sure the value of your claim reflects the full picture, including the punitive exposure a drunk driving case creates.
Frequently Asked Questions
These are the questions drunk driving victims typically bring with them before they call our office.
The drunk driver was arrested. Do I still need my own lawyer?
Yes. The arrest is part of the criminal case, which punishes the driver but does not pay you. Your civil claim is separate and is the only way to recover for your medical bills, lost income, and pain. The two run on different tracks.
What if the drunk driver did not have enough insurance?
You may have more than one source of recovery. A bar that overserved the driver could share liability under the Dram Shop Act, and your own uninsured or underinsured motorist coverage, known as UM/UIM, may also apply. We look at every available source.
Do I have to wait for the criminal case to finish?
No. Your civil claim can proceed on its own timeline and does not depend on a criminal conviction. In fact, waiting too long can let important evidence disappear, especially in a possible dram shop claim.
How much does it cost to hire a drunk driving accident lawyer?
Nothing upfront. We work on contingency, which means you pay no attorney’s fee unless we recover for you. The consultation is always free.
How long do I have to file a drunk driving injury claim in Texas?
Texas generally allows two years from the date of the crash to file a personal injury lawsuit. Dram shop claims against a bar or store can involve evidence that disappears much sooner. Acting early protects both your deadline and your proof.
Can I recover compensation if I was partially at fault?
Yes, in most cases. Texas follows a modified comparative negligence rule, so you can recover as long as you were not more than 50 percent at fault. Your compensation is reduced by your percentage of fault.
What evidence matters most in a drunk driving case?
The police report, any breath or blood test results, and the criminal charge are central. Witness statements, scene photos, and surveillance footage strengthen the case. Records from a bar or store that served the driver can be critical under the Dram Shop Act.
What should I do right after a drunk driving crash?
Get medical attention first, even if you feel okay, then make sure police are called and a report is filed. Photograph the scene and gather witness information if you safely can. Contact an attorney before giving any statement to the driver’s insurer.
Talk to a San Angelo Drunk Driving Accident Lawyer Today
The criminal justice system will deal with the driver, but it will not pay for what the crash took from you. Templeton Law Firm has helped drunk driving victims across San Angelo and West Texas hold every responsible party accountable for more than 25 years, and the consultation costs nothing.
Call (325) 482-9120 or use our contact form. Free consultation. No fee unless we recover.
Se Habla Español | 905 S. Abe Street, San Angelo, TX 76903