If a drunk driver killed your family member in Texas, you have the right to file a civil wrongful death lawsuit seeking full compensation — including punitive damages — regardless of whether the driver faces criminal charges. Texas civil law treats drunk driving fatalities as some of the most egregious cases of negligence, and the law provides powerful tools for families to pursue justice and accountability.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

Criminal DWI vs. Civil Wrongful Death: Two Separate Cases

When a drunk driver kills someone in Texas, the state may prosecute the driver for intoxication manslaughter under Tex. Penal Code § 49.08, which carries penalties of up to 20 years in prison. However, the criminal prosecution is brought by the state for purposes of punishment — it does not compensate your family for your loss.

A civil wrongful death lawsuit is a completely separate proceeding brought by the surviving family members under Tex. Civ. Prac. & Rem. Code §§ 71.001–71.012. Its purpose is to compensate the family for the financial and emotional damages caused by the death. These two cases can — and often should — proceed simultaneously.

The civil standard of proof is preponderance of the evidence, meaning it is more likely than not that the defendant was at fault. This is a significantly lower bar than the criminal standard of beyond a reasonable doubt. A family can win their civil wrongful death case even if the drunk driver is acquitted in the criminal proceeding, or even if criminal charges were never filed.

Punitive Damages: Holding Drunk Drivers Fully Accountable

One of the most powerful tools available in a drunk driving wrongful death case is exemplary (punitive) damages. Texas allows punitive damages when the defendant’s conduct constituted gross negligence, defined under Tex. Civ. Prac. & Rem. Code § 41.001 as an act or omission that:

Involves an extreme degree of risk, considering the probability and magnitude of potential harm to others, and
Is committed with the defendant’s actual, subjective awareness of that risk and conscious disregard of it

Texas courts have consistently held that drunk driving can constitute gross negligence, particularly when the driver had a blood alcohol concentration (BAC) substantially above the legal limit, had been warned by companions not to drive, had prior DWI convictions, or drove an exceptionally long distance while intoxicated. Punitive damages punish the drunk driver beyond the compensatory damages owed to the family and send a message that such reckless disregard for human life will not be tolerated.

Punitive damages in most cases are capped under Tex. Civ. Prac. & Rem. Code § 41.008, but when the conduct involves a felony-level intentional act, the cap does not apply.

Dram Shop Liability: Suing the Bar or Restaurant That Overserved

In Texas, the party that served alcohol to the drunk driver may also be held liable for a wrongful death under the Texas Dram Shop Act, codified at Tex. Alco. Bev. Code §§ 2.01–2.03. Under this law, a provider of alcohol — a bar, restaurant, package store, or other licensed establishment — can be held liable for damages caused by an intoxicated patron if:

The provider sold or served alcohol to the person at a time when it was apparent to a reasonable person that the patron was already visibly intoxicated to the degree that they presented a danger to themselves or others, and
The intoxication was a proximate cause of the damages

Dram shop liability significantly expands the potential sources of recovery in a drunk driving wrongful death case. A bar that kept serving a customer who was visibly impaired before they got behind the wheel and caused a fatal crash can be held jointly liable with the drunk driver. Commercial establishments typically carry liability insurance with higher limits than individual drivers, which can mean greater available compensation for your family.

To build a dram shop claim, an attorney will investigate surveillance footage from the establishment, credit card records showing the number and timing of drinks purchased, testimony from witnesses and employees, and expert analysis of the driver’s BAC timeline relative to their alcohol consumption.

Using Evidence from the Criminal Case in Your Civil Lawsuit

The criminal DWI investigation and prosecution can generate powerful evidence for the civil wrongful death case. Evidence from the criminal case that is usable in the civil proceeding includes:

Police dash cam and body cam footage of the crash scene and sobriety tests
Blood alcohol concentration (BAC) test results from the driver
Police reports documenting the driver’s behavior, statements, and performance on field sobriety tests
Witness statements taken by law enforcement
The drunk driver’s criminal record, including prior DWI offenses
Guilty plea or criminal conviction, which can constitute an admission of liability

A civil attorney can obtain these materials through discovery and subpoena processes, and some records may be publicly available through the criminal court record. A criminal conviction for intoxication manslaughter provides compelling evidence of the driver’s fault in the civil case, though the civil case does not depend on it.

Coordinating the Civil and Criminal Cases

When both a criminal prosecution and a civil wrongful death lawsuit are pending simultaneously, coordination between the cases requires careful legal management. The drunk driver may invoke their Fifth Amendment right not to testify in the civil case while the criminal case is pending, which can temporarily limit civil discovery. However, civil discovery can proceed against other defendants — such as the dram shop — and against the driver’s assets and insurance through other means.

An experienced attorney will time depositions, discovery requests, and other litigation steps strategically to maximize the evidence available while respecting the constitutional constraints of parallel proceedings. Once the criminal case is resolved, the drunk driver’s right to refuse civil testimony largely disappears.

The Statute of Limitations

Wrongful death and survival claims in Texas must be filed within two years of the date of death under Tex. Civ. Prac. & Rem. Code § 16.003. This deadline applies whether or not criminal charges are pending or a conviction has been obtained. Do not wait for the criminal case to conclude before consulting a civil wrongful death attorney.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

Can I sue a drunk driver civilly even if they are not criminally convicted?

Yes. The civil and criminal standards are different. A preponderance of the evidence — more likely than not — is all that is required to win a civil wrongful death case, even if the driver was acquitted at trial or charges were reduced or dismissed.

What are punitive damages in a Texas drunk driving wrongful death case?

Punitive damages, also called exemplary damages, are awarded beyond compensation to punish the drunk driver for grossly negligent or reckless conduct. Texas allows them when the driver had actual awareness of the extreme risk their conduct created and consciously disregarded it, which courts often find in DWI fatal crash cases.

What is dram shop liability in Texas?

Texas’s Dram Shop Act (Tex. Alco. Bev. Code §§ 2.01–2.03) allows families to sue bars, restaurants, and other alcohol providers that served a visibly intoxicated person who later caused a fatal crash. The establishment can be held jointly liable with the drunk driver.

Can a bar’s insurance cover the wrongful death of a drunk driving victim?

Yes. Bars and restaurants that hold Texas alcohol licenses are required to carry liquor liability insurance or post a bond. In a successful dram shop case, the establishment’s insurer may be required to pay damages, which can substantially increase the total recovery available to the family.

Does the drunk driver’s criminal record affect the civil case?

Yes. Prior DWI convictions are relevant to show the driver’s history of disregard for public safety and can support a claim for punitive damages. A conviction in the current case is also admissible as evidence of liability.

How long do I have to file a wrongful death lawsuit after a drunk driving fatality in Texas?

Two years from the date of your loved one’s death under Tex. Civ. Prac. & Rem. Code § 16.003. This deadline applies even if the criminal case has not yet been resolved.

Can both the drunk driver and the bar be sued in the same lawsuit?

Yes. Texas law allows you to sue all potentially liable parties — the drunk driver, their employer if applicable, and any dram shop that contributed to the intoxication — in a single lawsuit. The jury will apportion fault among the defendants under Texas comparative fault rules (Chapter 33).