Houston DUI Accident Attorney

It is a crime to operate a motor vehicle while under the influence of drugs or alcohol, whether or not there is an accident. Victims of drunk drivers are entitled to sue for their injuries and any damages in a private or civil lawsuit. A criminal charge and a civil trial are separate matters held in independent courts.

After a drunk driving accident, police officers use their observations and perform field sobriety tests or breathalyzer tests in determining a driver’s sobriety. If officers believe a driver is intoxicated, they arrest the drunk driver. It is up to a criminal prosecutor to charge a driver with the crime of driving under the influence.

Drivers convicted of drunk driving face penalties ranging from fines and license suspensions to time in prison. The criminal court does not order convicted drunk drivers to pay injured accident victims. DUI accident victims must seek compensation by filing a lawsuit in civil court.

Although a civil court is wholly separate from criminal court, some of the criminal court evidence is permissible in civil court. In a civil drunk driving case, the victim’s injury attorney must prove the drunk driver’s negligence. Negligence is provable through witness statements, video surveillance cameras, and other evidence of the drunk driver’s intoxication.

A driver’s drunk driving conviction is proof of negligence in civil court.