San Antonio Drunk Driving Injuries Lawyer | Free Consultation | Marco Bass Injury and Accident Lawyers
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San Antonio Drunk Driving Injuries Lawyer

Free case review, available 24/7. No fee unless we recover compensation for you.

Driving while intoxicated is a crime under Tex. Penal Code §49.04, and Texas courts have long treated a DWI violation as negligence per se in a civil injury case — meaning the violation itself can establish the driver's fault, without having to separately prove a duty was breached the way an ordinary negligence claim would require.

Who This Page Is For

Anyone injured in San Antonio by a driver who was intoxicated at the time of the crash, whether or not that driver was ultimately convicted criminally.

Common Scenarios in San Antonio

Impaired driving crashes cluster around San Antonio's downtown and River Walk nightlife corridors late at night and on weekends, as well as along I-35, I-10, and Loop 410 during high-traffic holiday and event periods.

Liability

Because a DWI violation can serve as negligence per se, a citation, arrest, blood/breath test result, or conviction connected to the crash is powerful evidence of fault, though a civil injury claim does not require a criminal conviction to proceed — the civil case has its own, lower burden of proof.

Evidence That Matters

Police reports and arrest records, blood alcohol test results, dashcam and body camera footage, witness statements about the driver's condition, and any related criminal case file, which can often be used to support the civil claim.

Damages You May Be Able to Recover

Medical treatment (past and future), lost wages, vehicle damage, pain and suffering, and, depending on the severity and nature of the driver's conduct, punitive damages intended to punish especially reckless behavior.

Deadlines to Keep in Mind

Standard personal injury deadlines apply under Tex. Civ. Prac. & Rem. Code §16.003; if the driver is also facing a related criminal case, that timeline runs separately and should not be relied on to extend your own civil filing deadline.

Insurance Issues

Texas's minimum liability insurance requirements still apply to an intoxicated driver; if coverage is insufficient, your own UM/UIM coverage, if you carry it, may help make up the difference.

Comparative Responsibility

The same comparative-fault rule under Tex. Civ. Prac. & Rem. Code §33.001 applies, though a driver's intoxication is rarely found to shift meaningful fault onto an injured victim.

Commercial and Third-Party Defendants

If the intoxicated driver had been over-served alcohol at a bar or restaurant before the crash, a separate dram shop claim under Tex. Alco. Bev. Code §2.02 may also be available against the establishment.

Local Context: Bexar County

Marco Bass Injury and Accident Lawyers represents clients throughout Bexar County, including cases arising along I-35, I-10, Loop 410, and US-281. Personal injury lawsuits filed in San Antonio are typically heard in the Bexar County District Courts or County Courts at Law, depending on the amount in controversy. Impaired-driving crashes are a recurring pattern along San Antonio's downtown and River Walk nightlife districts, and we work closely with local law enforcement records and TxDOT crash data to document that pattern where it supports a case.

What Marco Bass Injury and Accident Lawyers Does

We investigate the crash or incident, identify every potentially liable party, gather and preserve evidence before it disappears, handle communication with insurance adjusters, and pursue fair compensation for your medical bills, lost income, and pain and suffering. Every case review is free, and there is no fee unless we recover compensation for you.

What to Do Next

Seek medical attention if you haven't already, avoid giving a recorded statement to an insurer before speaking with us, and start a free case review below. Our digital intake is available 24/7, so your case can start moving right away.

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Frequently Asked Questions

Do I need the drunk driver to be convicted before I can sue for my injuries?

No. A civil injury claim has its own, lower burden of proof and can proceed whether or not a criminal conviction ever happens, though a conviction or strong criminal evidence can help establish fault.

Can I recover extra compensation because the driver was intoxicated?

Depending on the facts, Texas law can allow punitive (exemplary) damages in cases involving especially reckless conduct like drunk driving, in addition to standard compensatory damages.

What if the bar that served the driver is also at fault?

A separate dram shop claim under Tex. Alco. Bev. Code §2.02 may be available against the establishment if it served someone who was obviously intoxicated to the point of presenting a clear danger.

Last reviewed: August 27, 2026. Sources: Tex. Penal Code §49.04 (Driving While Intoxicated) · Tex. Civ. Prac. & Rem. Code §33.001 (Proportionate Responsibility) · Bexar County District Courts