DWI and Accidents in Texas

Understanding enhanced charges, victim compensation, and defense strategies when DWI involves injury or property damage.

Enhanced Charges for DWI with Accidents

Offense	Classification	Prison Time	Fine	Additional Consequences
DWI + Property Damage	Class B Misdemeanor*	3-180 days	Up to $2,000	Restitution required
Intoxication Assault	3rd Degree Felony	2-10 years	Up to $10,000	Victim impact, restitution
Intoxication Manslaughter	2nd Degree Felony	2-20 years	Up to $10,000	Lifetime consequences
Multiple Deaths/Enhanced	Multiple 2nd Degree Felonies	Sentences may run consecutively	Up to $10,000 each	Federal charges possible

*May be enhanced based on circumstances

Intoxication Assault (Texas Penal Code 49.07)

Legal Definition

Elements Required:

Operating vehicle while intoxicated
By reason of intoxication causes accident
Serious bodily injury to another person
Causation between intoxication and injury

"Serious Bodily Injury" Defined:

Creates substantial risk of death
Causes serious permanent disfigurement
Results in protracted loss of bodily function
Impairment of function of bodily member

Penalties & Consequences

Criminal Penalties:

2-10 years in state prison
Fine up to $10,000
Felony conviction on record
Driver's license suspension
Mandatory victim impact panel

Civil Consequences:

Victim compensation/restitution
Medical expenses (ongoing)
Lost wages and earning capacity
Pain and suffering damages
Punitive damages

Intoxication Manslaughter (Texas Penal Code 49.08)

Most Serious DWI Charge

Intoxication Manslaughter is the most serious DWI-related charge, carrying up to 20 years in prison and lifetime consequences.

Criminal Case

2nd Degree Felony charges
2-20 years state prison
$10,000 maximum fine
Lifetime driver's license revocation
Permanent felony record
Parole eligibility after 2 years

Victim Impact

Wrongful death civil lawsuit
Funeral and burial expenses
Loss of financial support
Loss of companionship
Pain and suffering of family
Punitive damages

Life Consequences

Employment restrictions
Professional license loss
Housing limitations
Social stigma
Family relationship impact
Mental health effects

Defense Strategies for DWI with Accidents

Causation Challenges

Breaking the Chain of Causation:

Other driver's negligence or violations
Weather or road conditions
Mechanical failure of vehicle
Medical emergency (heart attack, stroke)
Third-party causes of accident
Victim's contributory negligence

Standard DWI Defenses

Challenge Intoxication Evidence:

Illegal traffic stop or arrest
Miranda rights violations
Field sobriety test accuracy
Blood/breath test reliability
Rising BAC defense
Medical conditions affecting tests

Accident Investigation Process

Multi-Agency Investigation:

Accident Reconstruction:

Speed calculations
Point of impact analysis
Skid mark measurements
Vehicle damage assessment
Traffic signal timing
Witness statements

Evidence Collection:

Scene photography and video
Blood/breath test results
Medical records of victims
Surveillance footage
Cell phone records
Event data recorder (black box)

Victim Rights and Compensation

Criminal Case Rights

Right to be informed of proceedings
Right to attend court hearings
Right to victim impact statement
Right to consultation on plea agreements
Right to restitution for damages
Protection from intimidation

Civil Compensation

Medical expenses (current and future)
Lost wages and earning capacity
Property damage
Pain and suffering
Punitive damages
Wrongful death damages

Facing Serious DWI Charges with Accident Involvement?

Felony charges with victim injuries require immediate, experienced legal representation. Your freedom and future depend on acting quickly.

Get Attorney Referral DWI Defense Guide