By Greg Baumgartner, founder of Baumgartner Law Firm
A DWI charge can provide useful evidence after a Houston crash, but it doesn’t decide your injury claim. You still need to prove who caused the collision, how you were hurt, and what those injuries cost you. You can pursue a civil claim even if the driver is never convicted.
The criminal case can also slow parts of your claim. Some records may be harder to obtain, and the driver may decline to answer certain questions. I advise starting the injury case early. A family’s medical bills and lost income do not pause while a criminal case moves through court.
The DWI case and your injury claim have different jobs
The prosecutor handles the criminal case on behalf of the State of Texas. That case asks whether the driver broke the law and what punishment should follow. Your civil claim asks who is responsible for your injuries and what losses you can recover.
| Issue | Criminal DWI case | Civil injury claim |
| Who brings it? | The State of Texas | The injured person or another person with a legal right to sue |
| Main purpose | Determine guilt and criminal punishment | Recover money for losses caused by the crash |
| Usual proof standard | Beyond a reasonable doubt | More likely than not for an ordinary negligence claim |
| Who directs it? | The prosecutor | You and your civil lawyer |
Because the two cases ask different questions and use different proof standards, a dropped charge or an acquittal does not automatically defeat your injury claim. Witnesses, video, vehicle damage, and medical records may still support it.
What does a guilty plea or conviction change?
A plea or conviction may help, but the details matter. An arrest or charge alone does not prove the driver caused your injuries.
- A guilty plea may be usable as the driver’s own admission. A plea that was later withdrawn is treated differently.
- A no-contest plea is generally not admissible against the driver in a civil case. It should not be treated as a guilty plea.
- A final felony conviction may qualify under a rule that allows certain judgments into evidence. That rule has conditions, including that no appeal is pending. A misdemeanor DWI judgment does not qualify under that specific rule.
The Texas Rules of Evidence govern these distinctions. The civil court decides what is admissible. Even useful evidence of intoxication does not replace proof of how the crash happened or how it affected your health, work, and daily life.
Why the criminal case can delay access to evidence
Police may collect blood-test results, witness accounts, photographs, and video. Some of that material may be withheld while an investigation or prosecution is active if release would interfere with the case. The Texas Attorney General’s explanation of pending-case records describes this exception and the requirement to release basic information under that program.
That does not mean every record is unavailable until the criminal case ends. Access depends on the record, the agency holding it, and the applicable law.
In a wrongful death case we handled at Baumgartner Law Firm, we faced months of delay in getting important evidence from the criminal investigation. We anticipated that problem and gathered other evidence without waiting for the police or prosecutor’s file.
That experience guides my approach: identify what may be delayed, then find out what we can preserve now. A business camera, an independent witness, or photographs taken at the scene may help answer questions while other records remain out of reach.
What if the driver takes the Fifth?
The Fifth Amendment protection against self-incrimination can apply to questions in a civil case when an answer could expose the driver to criminal liability. This can complicate a deposition, which is testimony given under oath before trial.
A valid claim of that right does not erase other evidence. Your lawyer can look to witnesses, recordings, physical evidence, and records from other sources. The court may need to address disputes about particular questions or the timing of testimony.
What can you do while the DWI case is pending?
You don’t have to choose between pursuing the criminal case and protecting your injury claim. Both can move forward. These steps can help:
- Get medical care and keep a clear record. Save bills, work records, and notes about symptoms or daily tasks you can no longer manage. Be accurate about what changed after the crash.
- Request the crash report. TxDOT explains how to obtain a Texas crash report. The report is a starting point. The investigating agency, not TxDOT, holds police video and field notes.
- Preserve evidence that may disappear. Tell your lawyer about nearby cameras, witnesses, damaged vehicles, and any photos or messages. Video may be overwritten before the criminal case is resolved.
- Share updates from the criminal case with your civil lawyer. A hearing, plea, or new record may affect the evidence or the next steps in your claim.
- Review a proposed settlement before signing. You should understand your injuries, future care, available insurance, and what the release covers.
At our firm, I look at what evidence could be lost and what insurance may apply from the start. Those questions are too important to leave unanswered while everyone waits for a criminal court date.
Does a DWI charge increase the settlement?
It can affect how an insurer views the case, but it does not set a settlement amount. The facts still matter: fault, the crash’s harm, future care, lost income, and available insurance.
Some cases may support exemplary damages, also called punitive damages. These damages punish certain serious misconduct. Texas law on exemplary damages generally requires clear and convincing proof of fraud, malice, or gross negligence. That is a higher standard of proof than ordinary negligence. A DWI charge by itself does not meet it. Legal limits and exceptions may also apply.
I separate the strength of the evidence from what can actually be collected. Strong proof does not create more insurance. Before weighing an offer, we need to understand both the losses and the possible sources of payment.
For broader issues involving fault, injuries, and insurance, see our guide to car accident claims in Houston.
Do not let the criminal case hide your filing deadline
Texas generally gives an injured person two years to file a personal-injury lawsuit, usually measured from the crash date. For wrongful death, the general period is two years from the date of death. See Texas’s general two-year filing deadline. Exceptions and other deadlines can affect a particular claim.
Do not assume a pending DWI case extends that deadline. An insurance claim or talks with an adjuster are not the same as filing a lawsuit. Your civil lawyer should confirm the deadline and protect it while the criminal case continues.
Questions I would want answered early
When I review a serious crash involving suspected intoxication, I want a plan that answers three questions:
- What evidence is available now, and what might be delayed?
- What could disappear before the next criminal hearing?
- What needs to happen now to protect the civil claim and its deadline?
Those answers matter more than a promise that a conviction will solve everything. The goal is to build a case that explains both the crash and how it affected your life.
If a drunk driver seriously injured you, learn how we handle injury claims after a Houston drunk-driving crash and investigate the available sources of recovery.
FAQs about DWI cases and injury claims
Can I file an injury lawsuit before the DWI trial?
Yes. You do not need to wait for a criminal conviction to bring a civil injury claim. Evidence issues may affect the schedule, but you still need to meet your filing deadline.
If the DWI charge is dismissed, is my injury case over?
No. A dismissal does not automatically end a civil claim. Your lawyer should review the reason for the dismissal and the evidence of fault, injuries, and losses.
What if the driver pleads no contest?
A no-contest plea is generally not admissible against the driver in a civil case. Your claim may still rely on witnesses, video, crash evidence, and other proof.
Can my injury claim settle while the criminal case is pending?
Yes, it may. The timing depends on the evidence, your medical outlook, insurance, and any court orders. Waiting is sometimes useful, but it should be a reasoned decision that accounts for your filing deadline.
