Blog

Facts About Houston Drunk Driving

November 2, 2021

Written and legally reviewedWritten by Sam A. Maida, Jr., Owner and Managing Attorney · Reviewed by Bernard G. Johnson III, Litigation Managing Attorney

Published November 2, 2021 · Last updated October 5, 2026

Part of Houston Drunk Driving Claims · see also Houston Dram Shop Lawyer · Houston DWI Accident Lawyer · Accident Attorney: Hit by a Drunk Driver · What Are Dram Shop Laws

Can you sue another driver for drunk driving in Texas?
In the state of Texas, if you have been injured after being hit by a drunk driver, you have a legal right to hold that person accountable for your injuries, pain and suffering, and other damages. Your Houston accident lawyer will fight for your rights and will see to it that you receive the compensation you deserve.

Is it worth suing a drunk driver?
While drunk drivers can face serious criminal charges, with penalties including restitution and jail time, they can also face civil liability if they are sued by their victims. If you or a loved one is injured or killed by a drunk driver, a civil suit may be your best path to recover damages for your losses.

What is the punishment for a drunk driving accident in Houston?
First offense– A fine of up to $2,000, up to 180 days in jail upon conviction with three mandatory days, and loss of your driver license for up to a year.

Second offense– A fine of up to $4,000, one month to a year in jail upon conviction, and loss of your driver license for up to two years.

Third offense– A $10,000 fine, two to 10 years in prison, and loss of your driver license for up to two years.

These fines do not include a state fine of $3,000, $4,500, or $6,000 assessed upon sentencing. Source: Texas Department of Transportation, Impaired driving, read October 5, 2026.

When Should You Contact A Houston Accident Lawyer For Drunk Driving

Should I sue if I was hit by a drunk driver?
People injured by a drunk or intoxicated driver have the right to sue for damages. The perpetrator does not need to be convicted of a DUI before a civil lawsuit can be filed. That’s where an experienced Houston auto accident lawyer can help build your case.

What happens if a drunk driver hits you?
Most cases will hold the driver responsible for compensatory damages to the victim, ensuring they are reimbursed for lost wages, medical expenses, and property damage. They are also liable for less tangible expenses such as pain and suffering or disfigurement.

Will drinking and driving invalidate my car insurance policy?
It won’t necessarily fully invalidate your policy. But if you have an accident while you’ve been drinking, you might find your insurance provider won’t pay out for any injuries you suffer or repairs to your vehicle.

Can you make an insurance claim for a drunk driving accident?
When a road traffic accident is caused by a drunk driver, it is possible for those who have experienced harm to their health or suffered financial loss to make a claim against a drunk driver. You may claim compensation for your injuries if you can prove that you were injured by a drunk driver.

What happens when a drunk driver hits your car without insurance?
Call the police and emergency services. Drunk drivers pose a risk to society, so just as you would for any accident, contact the police and emergency services when an accident occurs. The police may want to arrest the driver and prosecute him or her, but that person may need medical attention first.

What happens if someone hits you and you don’t have insurance?
If you were the at-fault driver in the accident and you don’t have insurance, you’ll have to pay out of pocket for any damage or injuries you caused — even though you don’t have coverage, the other driver has the right to recover damages from you, meaning they can sue.

Can I make an insurance claim if hit by an uninsured driver?
You might need to meet a few conditions to be eligible to claim if you’re hit by an uninsured driver like the accident wasn’t your fault. You’ve got the details of the uninsured vehicle and of the driver. You’ve got the contact information of witnesses.

Does insurance cover drunk driving accidents?
But no car insurance policy covers car accidents caused by intentional conduct. … If you cause an accident while you are intoxicated, your auto insurer will at least investigate the circumstances of your crash before it agrees to accept liability for any damages.