Drunk Driving Accident Lawyer in Killeen

What Texas Law Says About Driving While Intoxicated

In Texas, a driver is legally intoxicated with a blood alcohol concentration of 0.08% or higher. Commercial drivers face a stricter limit of 0.04%, and drivers under 21 are subject to a zero-tolerance standard that prohibits any detectable amount of alcohol. DWI is a criminal offense carrying fines, license suspension, and jail time, but criminal penalties don’t pay your medical bills.

The criminal case against the driver, however, can work in your favor on the civil side. A conviction or guilty plea may help show that the driver breached their legal duty of care, a doctrine known as negligence per se, which can strengthen a personal injury claim. The civil case proceeds independently of the criminal proceedings, so you don’t have to wait for a verdict to pursue compensation.

How Alcohol Impairs Driving Ability

Alcohol degrades nearly every skill safe driving requires. It impairs judgment and decision-making, slows reaction time, reduces coordination and motor control, and can blur vision while limiting peripheral awareness. A driver who might have braked or swerved simply doesn’t process the situation in time. The result can be a higher-speed, higher-severity impact than crashes involving sober drivers, which is one reason drunk driving accidents can produce such serious injuries.

Injuries Common in DWI Crashes

Victims frequently sustain traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, severe lacerations, and burns. Many require emergency surgery, extended hospitalization, and long-term rehabilitation. Some face permanent disability that affects their ability to work and their quality of life. When a loved one is killed by a drunk driver, surviving family members may have a wrongful death claim under Texas law.

Building the Case: Evidence & Dram Shop Liability

A strong drunk driving accident claim rests on layered evidence. Police reports documenting the driver’s intoxication, BAC and field sobriety test results, witness statements, surveillance footage, and accident reconstruction analysis all contribute to establishing what happened and who is responsible.

Liability doesn’t always stop with the driver. Under the Texas Dram Shop Act (Texas Alcoholic Beverage Code Chapter 2), a bar, restaurant, or other licensed establishment can be held civilly liable if it served alcohol to a visibly intoxicated person and that intoxication caused the accident and resulting injuries. Dram shop claims can matter when the at-fault driver carries insufficient insurance to cover serious injuries. Texas also uses a proportionate responsibility framework, meaning fault can be apportioned among multiple parties where the evidence supports it.

Compensation Available & the Two-Year Deadline

Drunk driving accident victims in Texas may be entitled to compensation for medical expenses, lost wages, reduced earning capacity, vehicle repair or replacement, pain and suffering, and emotional distress. In cases involving particularly reckless conduct, Texas law may allow courts to award punitive damages, also called exemplary damages, against the drunk driver. The statute of limitations for personal injury claims in Texas is two years from the date of the accident. Waiting too long can forfeit the right to recover, no matter how strong the case.

Steps to Take After a Drunk Driving Accident in Killeen

The actions you take in the hours and days after a crash can shape the strength of your legal claim.

• Seek medical attention immediately. Some serious injuries, including traumatic brain injuries and internal bleeding, don’t produce obvious symptoms right away.
• Call 911. An official police report documents the scene and allows officers to test the driver for intoxication.
• Don’t give a recorded statement to the at-fault driver’s insurance company before speaking with an attorney.
• Preserve evidence. Photograph the scene, the vehicles, and any visible injuries. Collect contact information from witnesses.
• Contact a drunk driving accident attorney in Killeen as soon as possible to help protect your rights before evidence is lost or memory fades.