The holiday season brings joy and celebration. Unfortunately, it also brings an increased risk of drunk driving accidents in Austin. If you or a loved one has been involved in a DUI accident during the holidays, knowing your rights and the steps to take is critical.
This guide provides essential information for victims of drunk driving in Austin, Texas, including immediate actions, legal options, and how to seek compensation.
Holiday Drunk Driving Statistics in Texas
During the holiday season from Thanksgiving to New Year’s, drunk driving fatalities increase significantly. In a recent holiday season, 1,038 people died in DUI accidents nationwide. In Texas, more than 2,000 DUI-related crashes occurred during the 2024 holiday season. The number of DUI arrests spikes during major holidays, with December and July seeing the highest rates.
What Is a DUI Accident in Texas?
In Texas, a DUI (Driving Under the Influence) accident occurs when a driver causes an accident while operating a vehicle under the influence of alcohol or drugs. Texas primarily uses DUI for minors who drive intoxicated, and DWI (Driving While Intoxicated) for adults who drive while intoxicated.
The legal definition of intoxicated under Texas law is lacking the normal use of physical or mental faculties because of consuming alcohol and/or drugs. A person is legally intoxicated under Texas law if their BAC is above the legal limit. For adults 21 years of age and older, the legal BAC is 0.08%. However, underage and commercial drivers have a lower legal limit.
A person is also intoxicated if the alcohol or drugs in their system impair their ability to operate a motor vehicle safely. Therefore, a person can be arrested for DUI even if their BAC is below the legal limit.
What to Do Immediately After a DUI Accident in Austin, TX
If you are involved in an accident and you suspect the other driver is intoxicated, do not confront the driver. Instead, take the following steps to protect yourself:
- Ensure safety: Move to a safe location if possible. Check for injuries and call 911 if anyone is hurt.
- Contact law enforcement: Report the accident to the police. Officers will document the scene, gather witness statements, and conduct sobriety tests on the suspected drunk driver.
- Seek medical attention: Get medical care, regardless of the severity of your injuries. Some injuries may not be immediately apparent.
- Document the scene: Make a video and take photographs of the vehicles, injuries, and any visible signs of impairment (e.g., open containers, erratic behavior).
- Obtain the police report: Request a copy of the police report, as it will be crucial for your legal claim.
You may be entitled to compensation if a drunk driver causes an accident. Prompt legal advice can ensure you take the necessary steps to pursue a legal claim.
Criminal vs. Civil Cases After a DUI Accident in Texas
Drunk drivers can face criminal penalties for violating Texas DUI laws. Penalties can include fines, jail time, and license suspension.
In addition to criminal consequences, victims of a DUI accident can file a civil lawsuit to seek compensation for injuries and losses. A DUI accident claim can include economic and non-economic damages.
Examples of these damages include:
- Past and future medical bills and rehabilitation
- Loss of enjoyment of life and quality of life
- Out-of-pocket expenses
- Pain and suffering
- Impairments, disabilities, scarring, and disfigurement
- Lost wages and diminished earning capacity
- Emotional distress and mental anguish
You do not need a criminal conviction to win a civil case. Even if the state does not arrest a drunk driver, you can pursue a personal injury claim. You need to prove that the other driver caused the DUI accident to recover damages.
Contact the Austin DUI Accident Attorneys at McMinn Personal Injury Lawyers for Help Today
Holiday drunk driving accidents in Austin can have serious consequences. Knowing your rights and the steps to take after a DUI accident is crucial. If you or a loved one has been affected, don’t wait. Contact McMinn Personal Injury Lawyers for a free consultation with an Austin DUI accident lawyer.
If you’ve been injured, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX, and Salt Lake City, UT.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
