San Antonio Drunk Driving Accident Lawyer Holding Impaired Drivers Accountable

The Devastating Toll of Drunk Driving in San Antonio

Despite decades of public awareness campaigns, drunk driving continues claiming lives on San Antonio roads at alarming rates. According to TxDOT, in 2024 alone, Texas recorded more than 22,000 vehicle crashes connected to drunk driving, resulting in 988 deaths—an average of 65 alcohol-related crashes and three deaths every single day.

San Antonio faces particularly severe drunk driving problems. According to TxDOT and San Antonio Police Department data, alcohol or substances are involved in approximately 32% of fatal accidents in Bexar County—slightly higher than the statewide average. In 2022, drunk driving was a leading cause of fatal accidents in Bexar County, resulting in 117 deaths.

University Health’s trauma center treats an average of 250 patients each year injured in drunk driving incidents—approximately 20 patients per month. Many of these patients require significant rehabilitation time, and some never make a full recovery.

These preventable tragedies demand aggressive legal action. Harper Law Firm represents drunk driving victims and their families, pursuing maximum compensation and punitive damages against impaired drivers who destroy lives.

True Litigation Firm Fighting Drunk Drivers

Drunk driving cases are fundamentally different from ordinary car accident claims. When someone chooses to drive impaired and causes an accident, they’ve committed more than simple negligence—they’ve engaged in reckless conduct that Texas law treats with appropriate severity.

Harper Law Firm operates as a true litigation firm that holds drunk drivers fully accountable:
• Thorough investigation establishing impairment and its role in the crash • Collection of evidence including police reports, blood alcohol tests, and toxicology results • Pursuit of punitive damages to punish egregious conduct • Aggressive negotiation with insurance companies • Trial preparation that signals we’re serious about maximum compensation • Willingness to fight in the courtroom when insurers refuse fair offers
We don’t accept lowball settlements. Drunk drivers deserve to face the full consequences of their choices, and their victims deserve maximum compensation.

Punitive Damages in Texas Drunk Driving Cases

Texas law allows victims of drunk driving accidents to pursue punitive damages—also called exemplary damages—in addition to standard compensatory damages. Punitive damages serve two purposes:
Punishment: They punish the drunk driver for their egregious conduct, imposing financial consequences beyond mere compensation for the victim’s losses.
Deterrence: They deter other potential drunk drivers by demonstrating that Texas courts impose serious penalties for impaired driving that causes injuries.

Punitive damages can significantly increase total recovery in drunk driving cases. While compensatory damages cover medical bills, lost wages, and pain and suffering, punitive damages add an additional penalty based on the severity of the defendant’s misconduct.

When Drunk Driving Crashes Happen in San Antonio

Weekend Nights: The Danger Zone

TxDOT data reveals clear patterns in drunk driving crashes:
• Nearly 60% of fatal accidents in San Antonio occur between 11 PM and 3 AM on weekends • Approximately 68% of these involve alcohol or substances • Friday evenings show a 30% higher accident rate than other weekday evenings • Saturday night into Sunday morning shows the highest concentration of severe crashes
The end of the workweek, when people gather at bars, restaurants, and parties, creates peak danger for everyone else on the road.

Holiday and Special Event Dangers

Drunk driving spikes during holidays and special events in San Antonio:
Fiesta During San Antonio’s annual Fiesta celebration, drunk driving becomes a concentrated local problem. In 2024, law enforcement made 139 DWI arrests during Fiesta, and one person was killed as a result of drunk driving.
Holiday Weekends Thanksgiving, Christmas, New Year’s Eve, Memorial Day, July 4th, and Labor Day weekends see elevated drunk driving rates as people celebrate with alcohol.
Football Season Game days—whether Spurs games downtown or college football—bring increased alcohol consumption and subsequent drunk driving risks.

Entertainment District Dangers

Areas near San Antonio’s nightlife corridors see elevated drunk driving activity:
• River Walk and downtown entertainment district • Stone Oak and North Side restaurant/bar areas • Medical Center area bars and restaurants • Areas near JBSA-Lackland, JBSA-Fort Sam Houston, and JBSA-Randolph • College areas near UTSA, St. Mary’s, and Trinity

Proving Drunk Driving in Accident Cases

Evidence of Impairment

Proving a driver was drunk at the time of an accident typically involves multiple types of evidence:
Blood Alcohol Concentration (BAC) Tests Texas considers drivers legally impaired with a BAC of 0.08% or higher (0.00% for drivers under 21). Blood draws or breathalyzer tests provide direct evidence of intoxication.
Police Officer Observations Responding officers document signs of impairment including: • Smell of alcohol • Slurred speech • Bloodshot eyes • Difficulty standing or walking • Admission of drinking
Field Sobriety Test Results Officers may conduct standardized field sobriety tests that reveal impairment.
Toxicology Reports Blood tests can detect alcohol and other impairing substances, establishing impairment even without breathalyzer results.
Criminal Charges and Convictions DWI charges or convictions provide strong evidence of impairment for civil cases, though civil cases can proceed regardless of criminal case outcomes.

Establishing Causation

Beyond proving impairment, drunk driving cases require establishing that the impairment caused the accident. This involves:
• Accident reconstruction demonstrating how impairment affected the driver’s operation • Evidence that the drunk driver violated traffic laws • Expert testimony connecting impairment to the crash • Elimination of other potential causes

Who May Be Liable in Drunk Driving Accidents

The Drunk Driver

The impaired driver bears primary liability for accidents they cause. Their auto insurance policy provides the initial source of compensation, and their personal assets may be at risk for damages exceeding policy limits.

Employers (If Driving for Work)

When drunk drivers cause accidents while working—delivery drivers, commercial vehicle operators, employees running errands—their employers may bear vicarious liability.

Bars and Restaurants (Dram Shop Liability)

Texas Dram Shop Law (Texas Alcoholic Beverage Code Chapter 2) allows victims to sue establishments that serve alcohol to visibly intoxicated persons who then cause accidents. To establish dram shop liability:
• The establishment must have served alcohol to an obviously intoxicated person • The service must have been a proximate cause of the patron’s intoxication • That intoxication must have caused the accident and injuries
Successful dram shop claims can provide additional sources of compensation beyond the drunk driver’s personal insurance.

Social Hosts

Texas social host liability is more limited than dram shop liability, but may apply when:
• A host provides alcohol to a minor • The intoxicated minor causes an accident
Adult-to-adult social host liability is generally not recognized in Texas, though exceptions may apply in specific circumstances.

Party Hosts and Event Organizers

Commercial party hosts and event organizers may face liability similar to bars and restaurants when they serve alcohol to visibly intoxicated guests.

Compensation in Drunk Driving Accident Cases

Texas law provides comprehensive compensation for drunk driving victims:

Compensatory Damages

Economic Damages: • Past and future medical expenses • Lost wages during recovery • Reduced earning capacity from permanent injuries • Vehicle repair or replacement • Rehabilitation and therapy costs • Home modifications for disabilities • Long-term care expenses
Non-Economic Damages: • Physical pain and suffering • Mental anguish and emotional distress • Disfigurement and permanent scarring • Loss of enjoyment of life • Loss of consortium for spouses

Punitive Damages

In drunk driving cases, Texas law allows punitive damages when the defendant’s conduct involves:
• Gross negligence • Fraud, malice, or intentional misconduct • Reckless disregard for the safety of others
Choosing to drive drunk—a decision universally known to endanger others—typically qualifies for punitive damage consideration.

Wrongful Death Damages

When drunk drivers kill their victims, surviving family members may pursue wrongful death claims including:
• Loss of financial support • Loss of companionship and society • Mental anguish • Loss of inheritance • Funeral and burial expenses

Common Injuries in Drunk Driving Accidents

Drunk driving crashes often cause severe injuries due to the impaired driver’s inability to react appropriately:
Traumatic Brain Injuries (TBI) The violent forces of drunk driving crashes frequently cause concussions, brain bleeds, skull fractures, and permanent cognitive impairment.
Spinal Cord Injuries Drunk driving collisions can cause herniated discs, vertebral fractures, and paralysis.
Multiple Fractures Broken bones are common in drunk driving crashes, often requiring surgical repair and extended rehabilitation.
Internal Organ Damage Blunt force trauma can cause internal bleeding, organ rupture, and other life-threatening injuries.
Severe Burns Drunk driving crashes frequently cause vehicle fires, resulting in severe burns and disfigurement.
Wrongful Death Many drunk driving crashes prove fatal due to the high speeds and failure to avoid impact that characterize impaired driving.

Texas Law on Drunk Driving

Legal Intoxication Standards

In Texas: • Drivers 21 and older are legally intoxicated at 0.08% BAC • Drivers under 21 are prohibited from any detectable alcohol (zero tolerance) • Commercial vehicle drivers are held to 0.04% BAC standard • Impairment from drugs creates liability regardless of BAC

Criminal vs. Civil Cases

Drunk driving can result in both criminal prosecution and civil liability:
Criminal Cases District attorneys prosecute drunk drivers for DWI (misdemeanor or felony depending on circumstances). Conviction results in fines, probation, license suspension, and potentially jail time.
Civil Cases Victims pursue separate civil claims for compensation. Civil cases use a lower burden of proof (“preponderance of evidence” rather than “beyond reasonable doubt”) and don’t require criminal conviction to proceed.
A drunk driver may be acquitted criminally but still held liable civilly, or convicted criminally without the victim pursuing civil claims. The processes are independent.

Statute of Limitations

Texas provides a two-year statute of limitations for drunk driving accident claims. However, evidence preservation is critical—BAC test results, police reports, and witness memories must be secured promptly.

Comparative Negligence

Even in drunk driving cases, defendants may argue victims contributed to their own injuries (failure to wear seatbelt, etc.). Texas comparative negligence rules still apply:
• Recovery reduced by victim’s fault percentage • Recovery barred if victim more than 50% at fault
However, the drunk driver’s gross negligence typically limits successful comparative fault arguments.

What to Do After a Drunk Driving Accident

At the Scene

Call 911 immediately—report suspected drunk driver to police
Seek medical attention for all injuries
Document the scene—photograph vehicle positions, damage, and any visible signs of alcohol
Note the other driver’s behavior—slurred speech, smell of alcohol, unsteadiness
Identify witnesses who may have observed the driver’s condition
Don’t confront the drunk driver—let police handle the situation
Get officer’s information for obtaining the police report

After the Scene

Get comprehensive medical evaluation—document all injuries
Follow all treatment recommendations
Preserve evidence—keep damaged clothing, don’t repair vehicle immediately
Request the police report—contains officer’s observations of impairment
Don’t discuss the case with the drunk driver or their insurance company
Contact Harper Law Firm for immediate legal guidance

Important Evidence to Preserve

• Police report documenting impairment • BAC test results (breathalyzer or blood draw) • Field sobriety test results • Officer body camera footage • Surveillance video from nearby businesses • Witness statements about driver’s behavior • Driver’s social media posts from that night • Bar or restaurant receipts

Frequently Asked Questions

Can I sue a drunk driver even if criminal charges are dropped?

Yes. Civil cases and criminal cases are separate proceedings with different burdens of proof. You can pursue compensation regardless of whether the drunk driver is criminally prosecuted or convicted.

What if the drunk driver doesn’t have insurance?

You may recover through your own uninsured/underinsured motorist (UM/UIM) coverage. We also investigate dram shop liability against bars that served the visibly intoxicated driver.

How much are punitive damages in drunk driving cases?

Texas caps punitive damages at the greater of: (1) two times economic damages plus non-economic damages up to $750,000, or (2) $200,000. However, there’s no cap if the defendant was also convicted of certain felonies.

Can I sue the bar that served the drunk driver?

Possibly. Texas Dram Shop Law allows claims against establishments that served alcohol to obviously intoxicated patrons who then caused accidents. These claims require proving the patron was visibly intoxicated when served.

How long do drunk driving accident cases take?

Timeline varies based on injury severity, case complexity, and whether trial is necessary: • Straightforward cases: 6-12 months • Complex cases requiring litigation: 1-3 years • Cases going to trial: 2-4 years

San Antonio Drunk Driving Accident Hotspots

Based on crash data, drunk driving accidents cluster around:
• I-410 and Highway 151 intersection (6 fatal crashes involving impairment) • I-35 and Loop 1604 interchange • Downtown/River Walk entertainment district • Loop 410 corridor during late-night hours • Highway 281 North between Loop 410 and Loop 1604 • Areas near military base entrances

Serving San Antonio and Bexar County

Harper Law Firm represents drunk driving accident victims throughout the San Antonio metropolitan area:
• All San Antonio neighborhoods • Surrounding communities (Live Oak, Universal City, Converse, Helotes, Leon Valley) • Bexar County and neighboring counties • Accidents on I-35, I-10, Loop 410, Loop 1604, and all local roads

Contact Harper Law Firm for Your Free Consultation

If a drunk driver injured you or killed someone you love, you deserve aggressive legal representation that holds them fully accountable—including pursuing punitive damages that punish their reckless choice to drive impaired.

Harper Law Firm offers free, no-obligation consultations where we’ll:
• Review the circumstances of your drunk driving accident • Explain your rights to compensation and punitive damages • Discuss potential claims against bars under dram shop law • Identify all potentially liable parties • Answer your questions about the legal process

With over 22,000 drunk driving crashes and nearly 1,000 deaths in Texas annually, impaired drivers pose constant danger on San Antonio roads. When one of them causes catastrophic injuries or death, you deserve a true litigation firm that will fight for maximum compensation—not a settlement mill that accepts whatever insurance companies offer.
Contact Harper Law Firm today. Your San Antonio drunk driving accident lawyers are ready to hold impaired drivers accountable.