DUI Accidents Lawyer in Houston, TX

Were you involved in a drunk driving accident in Houston?

Most drunk driving accidents are entirely preventable. When a driver chooses to get behind the wheel after drinking and causes a collision, they should be held fully accountable, and so should anyone who helped put them on the road.

At Charles J. Argento & Associates, our Houston drunk driving accident attorneys have spent more than 37 years fighting for injured victims and the families of those who were killed by negligent, intoxicated drivers. We know how to build powerful cases, and we are not afraid to take them to trial.

If you or a loved one was injured by a drunk driver in Houston or anywhere in Texas, you need an experienced attorney in your corner immediately. Evidence disappears, witnesses forget details, and the clock is ticking on your legal rights. Call us today for a free, no-obligation consultation. Se Habla Espanol.

The Drunk Driving Crisis in Houston, Texas

Houston is one of the most dangerous cities in the United States for drunk driving crashes. The Texas Department of Transportation reports that someone is injured or killed in an alcohol-related traffic collision every 20 minutes in Texas. Nationally, the National Highway Traffic Safety Administration (NHTSA) recorded nearly 11,000 alcohol-impaired driving deaths in a single year, roughly 30 people every day.

Houston’s sprawling highway network, including I-10, I-45, I-69/US-59, and the I-610 Loop, sees some of the highest concentrations of DWI-related accidents in the state. The Houston Police Department consistently logs hundreds of felony DWI arrests each month, including cases involving intoxicated drivers with child passengers, repeat offenders, and charges of intoxicated manslaughter.

These numbers represent real people: parents, children, and workers whose lives were permanently changed by someone’s reckless decision to drive drunk. If you are among them, our Houston drunk driving accident lawyers are here to pursue every dollar of compensation you deserve.

Texas DUI/DWI Laws and Your Rights as a Victim

In Texas, driving while intoxicated (DWI) is defined as operating a motor vehicle in a public place while intoxicated. The legal limits are:

• 0.08% blood alcohol concentration (BAC), standard adult drivers
• 0.04% BAC, commercial drivers (CDL holders)
• Any detectable amount, drivers under 21 (Texas has a zero-tolerance policy for minors)

It is important to understand that a criminal DWI conviction and a civil personal injury lawsuit are separate legal proceedings. You can pursue financial compensation through a civil claim even if the drunk driver was not criminally charged, pleaded to a lesser charge, or was acquitted. In fact, the civil standard of proof, a preponderance of the evidence (more likely than not), is far lower than the criminal standard of beyond a reasonable doubt.

Additionally, if the drunk driver was convicted of DWI, that criminal record can be used as evidence in your civil lawsuit to help establish negligence per se, a legal doctrine that can significantly strengthen your case.

Who Can Be Held Liable for Your Drunk Driving Accident?

One of the most important things an experienced Houston drunk driving accident attorney does is identify every party who may be legally responsible. Many victims only pursue the driver, and leave significant compensation on the table. Depending on the facts of your case, we may be able to hold:

The Drunk Driver
The intoxicated driver is the most obvious defendant. We pursue them for all damages allowed under Texas law, including economic losses, pain and suffering, and in many drunk driving cases, punitive (exemplary) damages.

Bars, Restaurants, and Alcohol Vendors (Dram Shop Liability)
Under the Texas Alcoholic Beverage Code, a licensed establishment that sells or serves alcohol to a visibly intoxicated person, or to a minor, can be held civilly liable for resulting injuries. This is known as dram shop liability, and it is a powerful legal tool that requires specialized knowledge to use effectively.

Social Hosts
Texas law also holds social hosts liable if they provide alcohol to a minor at a social gathering and that minor subsequently injures someone. This applies to parties, events, and gatherings where adults knowingly served alcohol to underage individuals.

Employers
If the drunk driver was operating a company vehicle or was driving as part of their job duties, their employer may be vicariously liable under the legal doctrine of respondeat superior.

Rideshare Companies (Uber and Lyft)
Houston’s rideshare scene is massive, and drunk driving incidents involving Uber and Lyft drivers are unfortunately not rare. These cases involve complex insurance questions, Uber and Lyft carry $1 million liability policies when a driver is on an active trip, and require attorneys who understand how rideshare liability insurance works.

Texas Dram Shop Laws, Holding Bars and Restaurants Accountable

Texas’s dram shop liability laws are found in Chapter 2 of the Texas Alcoholic Beverage Code. Under these laws, a licensed seller of alcohol, a bar, restaurant, liquor store, or any TABC permit holder, can be held financially responsible for a drunk driving accident if they sold or served alcohol to someone who was already visibly intoxicated, and that intoxication was a proximate cause of the accident and your injuries.

Building a successful dram shop claim is complex. You need evidence of when and how much the driver was served, witness testimony, surveillance footage from the establishment, credit card receipts, and often an expert in alcohol pharmacology to establish the person’s level of intoxication at the time they were served. This is exactly the type of sophisticated evidence-gathering our firm excels at.

Importantly, dram shop liability often means that a bar or restaurant, which carries commercial liability insurance, becomes a defendant alongside the individual driver. This dramatically increases the pool of insurance coverage and assets available to compensate you.

Our firm has an in-depth knowledge of Texas dram shop laws and a track record of successfully pursuing claims against establishments that contributed to drunk driving accidents. If a bar or restaurant helped put an intoxicated driver on the road, we will hold them accountable.

What Compensation Can You Recover After a Houston Drunk Driving Accident?

Texas law allows victims of drunk driving accidents to pursue several categories of damages. Our attorneys work to maximize every dollar you are entitled to:

Economic Damages

• Medical expenses: emergency care, surgery, hospitalization, physical therapy, ongoing treatment, and future medical needs
• Lost wages and income: wages lost while recovering, as well as diminished future earning capacity if your injuries are permanent
• Property damage: vehicle repair or replacement, and other personal property
• Home modification and in-home care costs for serious injuries

Non-Economic Damages

• Pain and suffering: physical pain, discomfort, and the impact on daily life
• Emotional distress: anxiety, PTSD, depression, and psychological trauma
• Loss of consortium: impact on your relationship with your spouse or family
• Disfigurement and permanent impairment

Punitive (Exemplary) Damages, A Critical Advantage in Drunk Driving Cases

Unlike most personal injury cases, drunk driving accidents often qualify for punitive damages, known in Texas as exemplary damages. Under Texas Civil Practice & Remedies Code Section 41.003, a court may award exemplary damages when the defendant’s conduct was fraudulent, malicious, or involved gross negligence. Choosing to drive drunk, especially a repeat offender, typically meets this standard.

Exemplary damages are designed to punish the defendant and deter others from similar conduct. They are capped in Texas at two times the economic damages plus up to $750,000 in non-economic damages (or $200,000, whichever is greater). In serious cases, this can result in substantial additional compensation beyond your actual losses.

Many attorneys skip pursuing exemplary damages because it requires additional litigation effort. Our firm does not take shortcuts, if you qualify for punitive damages, we will fight for them.

What to Do Immediately After Being Hit by a Drunk Driver in Houston

The actions you take in the hours and days after a drunk driving accident can profoundly affect the strength of your legal case and the value of your compensation. Follow these steps:

1. Call 911 immediately. Make sure law enforcement and emergency medical services respond to the scene.
2. Request a BAC test. If the other driver shows signs of intoxication, insist that officers conduct or request sobriety testing. The BAC reading is critical evidence.
3. Document everything. Photograph the accident scene, vehicle damage, injuries, skid marks, road conditions, and any open containers in the other vehicle.
4. Get witness information. Names and phone numbers of any bystanders who saw the accident or the driver’s behavior.
5. Seek medical attention right away, even if you feel fine. Some injuries (traumatic brain injury, internal bleeding, spinal injuries) have delayed symptoms. A medical record also links your injuries to the accident.
6. Do not speak to the insurance company without an attorney. The other driver’s insurer will attempt to minimize your claim. Anything you say can be used against you.
7. Call Charles J. Argento & Associates immediately. The sooner we begin preserving evidence and building your case, the stronger your position will be.

How Our Houston Drunk Driving Accident Lawyers Build Your Case

At Charles J. Argento & Associates, we leave no stone unturned when investigating a drunk driving accident. Our comprehensive case-building process includes:

• Obtaining the official police report and any DWI arrest records
• Securing surveillance footage from the accident scene and nearby businesses
• Subpoenaing the drunk driver’s credit card and bar receipts to establish their drinking timeline
• Interviewing witnesses and retaining expert witnesses in accident reconstruction and alcohol pharmacology
• Conducting dram shop investigations to identify whether an establishment over-served the driver
• Gathering complete medical records and working with medical experts to document the full extent of your injuries
• Calculating lifetime costs of care for serious and permanent injuries
• Negotiating aggressively with all liable insurance carriers, and filing suit when they refuse to offer fair compensation

Because we handle personal injury cases on a contingency fee basis, we front all investigation and litigation costs. You pay nothing until we recover compensation for you.

Understanding the Texas Statute of Limitations for Drunk Driving Cases

Do not wait. Under Texas law, you generally have two years from the date of the accident to file a personal injury lawsuit (Texas Civil Practice and Remedies Code Section 16.003). For wrongful death claims, the two-year clock typically begins on the date of death. Dram shop claims against alcohol vendors also have a two-year statute of limitations.

Missing this deadline almost always means losing your right to compensation entirely, no matter how strong your case. However, evidence also degrades rapidly: surveillance footage is often overwritten within days, witnesses become harder to locate, and the drunk driver’s BAC records become more difficult to obtain. The earlier you contact our firm, the more we can do for you.

Why Choose Charles J. Argento & Associates as Your Houston Drunk Driving Accident Attorneys?

Houston has many personal injury law firms, but several factors set Charles J. Argento & Associates apart:

• 37+ Years of Experience: Charles J. Argento has been representing personal injury victims in Houston since the 1980s. This is not a high-volume settlement mill, it is a law firm built on deep legal expertise and decades of courtroom and negotiation experience.
• Bilingual Legal Team (Se Habla Espanol): Houston is a majority-minority city, and a large portion of drunk driving victims speak
• Spanish as their primary language. Our entire team can conduct your case in Spanish from the first call through trial.
• No Fee Until We Win: All drunk driving and personal injury cases are handled on a contingency fee basis. There is never an upfront cost, and you owe us nothing unless and until we recover compensation for you.
• Texas AND Federal Court Capability: Few Houston personal injury firms have the experience to litigate at both the state and federal court levels. This matters in complex cases involving out-of-state corporations, commercial trucking companies, and federal regulatory violations.
• Dram Shop Experience: Our thorough knowledge of Texas dram shop laws means we regularly pursue claims against the bars, restaurants, and alcohol vendors that contributed to the accident, opening up additional insurance coverage that other attorneys miss.
• Personal Attention: You will work directly with our legal team, not be handed off to paralegals or case managers. We believe an informed client makes better decisions and achieves better outcomes.
• Statewide Coverage: We serve clients in Houston and throughout Texas, including Beaumont, Brownsville, McAllen, Harlingen, the Rio Grande Valley, Orange County, and Brazoria County.
• Free Consultation: Your first conversation with our firm costs you nothing. We will evaluate your case, explain your legal options, and give you an honest assessment, at no charge and with no obligation.

Contact Our Houston Drunk Driving Accident Attorneys Today

If a drunk driver injured you or took someone you love, you do not have to face the insurance companies, the legal system, or the financial aftermath alone. Charles J. Argento & Associates has been fighting for Houston injury victims for more than 37 years, and we are ready to fight for you.

Time is critical. Evidence can disappear within days. Call us now to preserve your rights and begin building your case.

Call (713) 225-5050 or (800) 239-7622 | FREE Initial Consultation -OR- Contact by email. Se Habla Español

Related Links:

• Common DWI Questions
• DWI Drivers Rights
• Drunk Driver Car Accident Kills Family OF Four
• Can Drivers Under the Influence of Drugs Be Held Liable for Car Accidents in Texas?