Skip to main content
car accident

What to Do After a Drunk Driving Accident

Driving While Intoxicated, or DWI, is illegal in the Lone Star State, but people still drive drunk. Harris County has the highest number of drunk driving accident cases in Texas.

In 2022, the TXDOT report indicates that Harris County had 3,553 drunk driving accidents and 160 DWI-related fatalities. With a population of 4.7 million and growing, the problem is continual.

drunk driving accidents in Texas

What Is Drunk Driving?

Texas law defines drunk driving as operating any vehicle—car, truck motorcycle, boat, etc.—with:

  • Blood alcohol concentration (BAC) of 0.08% or higher
  • BAC of 0.04% or higher if operating a commercial vehicle, such as a big truck, taxi, or delivery van
  • Impaired by alcohol or drugs, regardless of BAC
  • Any detectable alcohol concentration for a driver under the age of 21

A drunk driving accident can be devastating for the victim.


If you are involved in a drunk driving accident:

  • Call 911 for law enforcement and an ambulance
  • Move your vehicle to safety
  • Check everyone for injuries
  • Take pictures with your phone immediately, if you can, since things can change by the time police arrive
  • Get contact information from witnesses
  • Exchange information with the other driver, if possible, and get information about their vehicle—name and address, phone number, email, vehicle make, model, and plate number, and insurance information
  • Record accident data: date, time, location, road, traffic and weather conditions, any road hazards

If the other driver appears intoxicated, i.e., you smell alcohol or observe actions indicating inebriation, record what you can, and notify the police when they arrive.

Speak very little to others

Outside of checking for injuries or exchanging information, don’t discuss the accident with anyone else but the attending police officers. If the other party was driving drunk, they may become violent. 

Get immediate medical attention

Even if you think you escaped injury, see a doctor anyway. If you’re bleeding, you’ll probably be transported to a hospital. But injuries like concussions do not show up right away, and broken bones or internal injuries can worsen without treatment.

Without post-accident medical records, the other party’s insurance company will assume you were not injured and will deny your claim outright, no matter how much your car was damaged. 

Do not discuss the accident on social media

It’s tempting to let everyone know you had a drunk driving accident, but don’t. Adding any information on social media can harm your case later when the other side begins its “background investigation.”

Keep all accident-related documentation

This includes police and other reports, all medical bills, auto-related expenses, lost wages, and correspondence from insurance companies.

Was the other driver drunk? The police report may indicate that the person was, and include bodycam recordings, which police are required to have after December 21, 2023. Your car accident lawyer can request this information along with other information and evidence from your accident.

Contact A Houston Drunk Driving Accident Lawyer Today

If you’ve been in an accident with a drunk driver, you’ll likely have a stronger case. An experienced drunk driving accident attorney can help you through the process and make the right decisions. Texas law allows just two years to file your claim, so act today. Speak with a Texas drunk driving accident attorney immediately.

If you or a loved one has been injured in a drunk driving accident, you could be entitled to compensation. Contact Paxton Law Firm today by calling (281) 978-2244 or filling out our online contact form. During your free consultation, you can learn more about your legal options. For Espanol INICIO and CONTÁCTENOS EN.

Contact Us (281) 978-2244