Houston has one of the highest DWI accident rates in the United States. Harris County Sheriff’s Office and the Houston Police Department record thousands of alcohol-related crashes every year, and nights in the entertainment districts — Midtown, Washington Avenue, Montrose, Downtown’s theatre district — consistently produce severe-injury DWI wrecks. A Houston drunk driving accident lawyer at McFarlane Law pursues not only the intoxicated driver but also the bars, restaurants, and hosts who over-served them when the Texas dram-shop statute applies. Our firm has recovered more than $100 million for injured Texans, and we treat every Houston DWI case as a candidate for exemplary (punitive) damages.
Exemplary Damages and Gross Negligence in DWI Cases
Texas law authorizes exemplary damages against defendants whose conduct constitutes “gross negligence” or intentional wrongdoing (Chapter 41, Texas Civil Practice & Remedies Code). Driving while intoxicated is almost always pleaded and found to be gross negligence in Houston civil cases — the defendant knew or should have known of the extreme risk created by impaired driving, and proceeded with conscious indifference. Exemplary damages in Texas are capped at the greater of $200,000 or 2× economic damages plus non-economic damages up to $750,000. In a Houston DWI case with substantial medical bills, lost wages, and pain/mental anguish, the exemplary cap frequently exceeds $1 million on top of compensatory damages. Harris County juries consistently award punitive damages in drunk-driving cases when the facts are developed properly.
Texas Dram Shop Liability
Texas Alcoholic Beverage Code Section 2.02 — the Texas Dram Shop Act — imposes civil liability on bars, restaurants, liquor stores, and other TABC permittees who over-serve patrons who are “obviously intoxicated to the extent that he presented a clear danger to himself and others” and whose intoxication then proximately causes an injury. Houston has a rich target environment for dram shop claims: downtown bars, ice houses, sports bars in the Texans/Astros/Rockets neighborhoods, and event venues. Proving dram shop liability requires establishing both the service and the patron’s “obviously intoxicated” state at the time of service — often through bar surveillance video, witness testimony, point-of-sale records (how many drinks were served), and toxicology evidence. Bars that have completed the TABC Seller Training Program enjoy a “safe harbor” defense, which adds complexity. McFarlane Law subpoenas bar records within 72 hours of intake, preserves video, and interviews servers and patrons before memories fade.
Social Host Liability
Texas social host liability — for private parties, residential gatherings, corporate events — is narrower than dram shop liability. Texas imposes social host liability primarily in cases involving service to minors under 18 (Alcoholic Beverage Code Section 2.02 and Texas Family Code provisions). Adult social hosts generally do not have civil liability for over-serving adult guests who then injure others, though facts involving corporate sponsorships, commercial events, or service as part of a business function can create liability under general negligence theories. McFarlane Law evaluates each Houston DWI case for social host theories and pursues them where the facts support recovery.
Why DWI Cases Are Often Largest
Houston DWI cases routinely produce the largest individual-case recoveries in the Harris County civil docket. The combination of clear liability (DWI convictions carry presumptions of negligence); gross-negligence/punitive-damages exposure; potential dram shop recovery against commercial establishments with deep insurance; sympathetic plaintiffs with clear injuries; and strong jury sentiment against drunk drivers produces settlements and verdicts that often exceed $2 million even in non-catastrophic cases. Catastrophic DWI cases (traumatic brain injury, paralysis, wrongful death) frequently settle or verdict in the eight-figure range. McFarlane Law builds every Houston DWI case to maximize both the compensatory and the exemplary components of the recovery.
Related Practice Areas
Related Houston subpages: Houston car accident lawyer, Houston hit and run accident lawyer, Houston pedestrian accident lawyer. Hub: Houston personal injury lawyer.
Talk to a Houston Injury Lawyer Today
If a Houston drunk driver injured or killed a loved one, call McFarlane Law. We pursue punitive damages and dram-shop recovery. Free consult. (512) 222-4900 / (432) 803-5000.
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Deep Experience in Houston and Harris County
McFarlane Law has tried and settled cases across Harris County, Fort Bend County, Montgomery County, and Galveston County. Our attorneys know the Houston civil district and county courts at law, understand the local jury pools, and have worked with Houston-area medical providers, accident reconstructionists, and life-care planners on every case type covered in this silo. Houston is home to the Texas Medical Center, the Port of Houston, and the largest petrochemical complex in the Western Hemisphere — and we have the litigation experience to match the complexity these facilities generate. When we represent a Houston client, we do it with the same preparation, resources, and courtroom depth we bring to every Texas personal injury case. Call (512) 222-4900 or (432) 803-5000 for a free consultation.
