People often use “DUI” and “DWI” to describe the same conduct: driving after consuming alcohol or drugs. Texas law, however, gives the terms different meanings.
For most adult drivers, the primary criminal offense is driving while intoxicated, or DWI. Texas generally uses driving under the influence, or DUI, for a separate alcohol-related offense involving drivers under 21.
This distinction can help an accident victim understand the police report and criminal proceedings after a crash. It does not determine whether the victim can recover compensation. A criminal prosecution is brought by the government to punish unlawful conduct, while a civil injury claim is brought by the injured person to seek payment for medical costs, lost income, pain, and other losses.
A driver does not necessarily have to be convicted of DWI or DUI before an accident victim can pursue a Texas personal injury claim.
What Is DWI in Texas?
Under Texas law, a person commits DWI by operating a motor vehicle in a public place while intoxicated. The law does not limit intoxication to alcohol. Drugs, controlled substances, combinations of substances, and other intoxicating substances may also support a DWI charge.
Texas defines a person as intoxicated when either:
- The person does not have the normal use of mental or physical faculties because of alcohol, drugs, another substance, or a combination of substances.
- The person has an alcohol concentration of 0.08 or more.
That means a driver may be considered legally intoxicated even without a blood alcohol concentration of 0.08. Evidence that alcohol or drugs caused a loss of normal mental or physical abilities may support a DWI charge.
This point is important in accident cases. A driver’s measured alcohol concentration is useful evidence, but it is not the only way to establish impairment. Witness observations, video, driving behavior, field sobriety testing, admissions, prescription records, and the circumstances of the crash may also be relevant.
What Does DUI Mean in Texas?
In Texas, DUI generally refers to an offense committed by a driver under the age of 21.
The Texas Alcoholic Beverage Code prohibits a minor from operating a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. This reflects the state’s zero-tolerance approach to underage drinking and driving.
A minor does not need to have an alcohol concentration of 0.08 to face a DUI allegation. Any detectable amount may be sufficient for the underage offense.
The term “minor” in this context generally refers to someone under 21, even though a person may legally be an adult at age 18 for many other purposes.
An underage driver may also face a DWI charge when the evidence meets the higher intoxication standard. For example, a 19-year-old whose alcohol concentration is 0.08 or who has lost the normal use of mental or physical faculties may be accused of conduct more serious than simply driving with a detectable amount of alcohol.
For accident victims, the most practical distinction is:
DWI is the usual Texas intoxicated-driving charge, including for adult drivers. DUI generally refers to the zero-tolerance offense for drivers under 21 who have consumed alcohol.
Why People Still Use “DUI” for Adult Drivers
News reports, television programs, insurance discussions, and everyday conversations frequently use “DUI” as a general term for impaired driving. Other states also use DUI as the formal name of their primary impaired-driving offense.
As a result, a Texas accident victim may hear someone call a crash a “DUI accident” even when the driver was arrested for DWI.
Using the wrong abbreviation in conversation does not usually change the underlying facts. The police report, charging documents, and court records will identify the specific Texas offense being investigated or prosecuted.
More importantly, a civil claim focuses on whether the driver acted negligently or otherwise wrongfully and caused the victim’s injuries. The label attached to the criminal charge is only one part of that investigation.
A Criminal DWI Case and a Civil Injury Claim Are Separate
After an intoxicated-driving crash, two legal proceedings may develop from the same event.
The criminal case is brought by the State of Texas. Its purpose is to determine whether the driver committed a criminal offense and, if so, impose penalties allowed by law.
The civil case is brought by the injured person or, in a fatal accident, qualifying surviving family members or representatives. Its purpose is to hold responsible parties financially accountable for the harm caused by the collision.
The prosecutor controls the criminal DWI case. The accident victim may provide evidence or give a statement, but the victim is not the party bringing the criminal charge.
In a civil case, the victim and the victim’s attorney decide whether to pursue a claim, subject to legal filing requirements and the available evidence.
The two cases may move forward at the same time, but they do not serve the same purpose.
A Criminal Conviction Does Not Automatically Compensate the Victim
A DWI conviction may result in criminal penalties for the driver. Those consequences are intended primarily to punish and deter criminal conduct.
They do not automatically reimburse an injured person for every loss caused by the accident.
An accident victim may experience:
- Emergency transportation and hospital bills
- Surgery and rehabilitation expenses
- Lost wages
- Reduced future earning ability
- Physical pain
- Emotional distress
- Disability or disfigurement
- Vehicle damage
- A need for long-term assistance
Recovering these losses usually requires an insurance claim, a civil lawsuit, or another compensation process. A criminal court may address certain victim-related financial issues in some cases, but an injured person should not assume that the prosecution will fully resolve the civil damages.
Can a Victim Sue Without a DWI Conviction?
A victim may still pursue a civil injury claim even when the driver is not convicted.
There are several reasons a criminal case might not result in a conviction. Evidence may have been excluded, a chemical test may not have been obtained, prosecutors may determine that they cannot meet the criminal burden of proof, or the charge may be reduced as part of a plea agreement.
None of those outcomes automatically defeats a civil claim.
Criminal prosecutors generally must prove guilt beyond a reasonable doubt. An ordinary civil claim usually applies the lower preponderance-of-the-evidence standard, meaning the fact is more likely true than not true. Texas court materials recognize this distinction between the criminal and civil burdens of proof.
Because the burdens are different, the evidence may be sufficient to establish civil responsibility even when it does not support a criminal conviction.
The victim may also rely on evidence apart from the arrest or criminal charge, including:
- The crash report
- Witness statements
- Bar or restaurant receipts
- Surveillance recordings
- Vehicle data
- Phone records
- Breath or blood test results
- The driver’s admissions
- Medical records
- Expert analysis of the collision
A DWI arrest can be important, but it is not the only basis for a claim.
What Must the Accident Victim Prove?
A Texas accident victim generally must show that the other driver failed to use reasonable care and caused the crash.
In an impaired-driving case, the evidence may show that the driver:
- Operated a vehicle after drinking or using drugs
- Drove too fast for the conditions
- Failed to stay in the correct lane
- Disregarded a traffic signal
- Followed another vehicle too closely
- Failed to brake or react appropriately
- Made an unsafe turn
- Fell asleep behind the wheel
The victim must also prove that the collision caused injuries and damages. An intoxicated driver may have behaved recklessly, but a civil claim still requires a connection between that behavior and the losses being claimed.
For example, medical records may be needed to show that a back injury resulted from the collision rather than an unrelated earlier condition. Employment records may help establish the amount of income lost during recovery.
Can Criminal Evidence Be Used in the Civil Case?
Evidence collected during a DWI investigation may become valuable in a civil claim.
The investigating agency may have body-camera recordings, dashboard-camera footage, photographs, witness interviews, field sobriety test recordings, and chemical test information. A nearby business may also have surveillance video showing the crash or the driver’s activities shortly before it.
The driver’s statements may matter as well. A driver might admit to drinking, taking medication, leaving a bar, or looking at a phone immediately before the collision.
Access to criminal evidence is not always immediate. A pending investigation or prosecution can affect when certain records become available. An attorney handling the injury claim may coordinate requests carefully so that useful evidence is identified and preserved.
Could a Bar or Restaurant Also Be Responsible?
Some Texas DWI crashes may involve claims against more than the impaired driver.
Under the Texas Dram Shop Act, an alcohol provider may face liability when it was apparent at the time of service that the customer was obviously intoxicated to the point of presenting a clear danger, and the customer’s intoxication was a proximate cause of the damages.
A claim against a bar or restaurant requires evidence about the customer’s condition when alcohol was served. A later DWI arrest does not automatically establish that the customer appeared obviously intoxicated to the server earlier in the evening.
Relevant evidence may include receipts, witness accounts, video footage, employee testimony, and information about the number and strength of drinks served.
Why Prompt Investigation Matters
Evidence from a suspected DWI accident may not remain available indefinitely. Surveillance systems can overwrite recordings, witnesses may become difficult to locate, and vehicles may be repaired or destroyed.
Texas also imposes filing deadlines on personal injury claims. The state’s statutes generally provide a two-year limitations period for many negligence-based personal injury actions, although exceptions and other deadlines may apply.
Victims should not assume that the criminal prosecution protects the civil filing deadline. Waiting for the criminal case to end may reduce the time available to investigate and file an injury lawsuit.
Speak With Alex Martinez Law Firm About a Texas DWI Accident
Texas generally uses DWI as the main criminal charge for an adult who operates a vehicle in a public place while intoxicated. DUI usually describes the state’s separate zero-tolerance offense for a driver under 21 with a detectable amount of alcohol.
For an accident victim, however, the difference between those terms is less important than the difference between the criminal and civil cases.
The criminal case is brought by the state to punish the driver. The civil claim is brought by the victim to pursue compensation for the harm caused by the crash.
Alex Martinez Law Firm can investigate the collision, review evidence from the DWI investigation, communicate with insurers, identify other potentially responsible parties, and evaluate the damages caused by the accident.
A victim may have a civil claim while the criminal case is pending, after it ends, or even when the driver is never convicted. The key questions are whether the driver acted wrongfully, whether that conduct caused the collision, and what losses the victim suffered.
This article provides general information and is not legal advice. The outcome of a Texas DWI accident claim depends on its specific facts, available evidence, and applicable law.