What Are Some Common Injuries in a DUI in Texas? 2025

Driving under the influence (DUI) is taken seriously in Texas. This is because sometimes impaired driving can lead to accidents that cause injuries to all involved. Injuries may range from minor to severe, and the extent of the injuries may dictate the severity of your charges if convicted of a DUI involving injuries. Therefore, you should be able to answer the question, “What are some common injuries in a DUI in Texas?”

What Is a DUI in Texas?

In Texas, a person may be charged with driving under the influence if they are arrested for driving while impaired by alcohol, drugs, prescription medication, or any combination of the three. To determine your level of impairment, the arresting officer may administer a chemical test to detect your blood alcohol concentration (BAC). An illegal BAC in Texas is 0.08 or above. You could face jail time, fines, and have your license suspended if caught driving impaired.

Texas DUI Injury Laws

In Texas, DUIs that result in injuries to victims have harsher penalties than other DUI arrests. Ordinarily, a DUI is a misdemeanor unless it is your third offense, in which case, it increases to a felony. Specifically, you could spend 3 days to 6 months in prison for your first offense, a month to a year for your second offense, and two to 10 years for your third and subsequent offenses because, at that point, it is a felony. These charges may also include fines from $2,000–$10,000.

However, if you injure someone because of a DUI, your charge increases to intoxication assault, which is a third-degree felony, regardless of whether it is your first or third offense. The penalty for a third-degree felony in Texas is as follows:

• 2–10 years in jail
• Up to $10,000 in fines
• License suspended for up to 2 years

If you have a prior felony conviction, your sentence could increase to a second-degree felony.

Common Injuries in a DUI Accident

DUI accidents are not uncommon in Texas. In fact, according to Department of Transportation Data, from 2014-2023, DUI crashes accounted for 37% of all traffic fatalities in Texas. Moreover, a 2023 report showed that 2,315 crashes resulted in serious injuries and 6,259 resulted in minor injuries.

There are several ways to get involved in a DUI accident. Driving impaired can impact coordination, balance, judgment, and other mental faculties. Sometimes, impaired drivers drive too fast, too slow, or even in the wrong lane. Common accidents include:

• Head-on collisions – An impaired driver may hit someone head-on after mistakenly entering oncoming traffic. This typically occurs after falling asleep at the wheel due to drowsiness caused by alcohol consumption.
• Rear-end collisions – Because alcohol can impair your reflexes and judgment, impaired drivers may neglect to use their brakes in time, causing them to rear-end another driver.
• Pedestrian accidents – In some cases, an impaired driver may crash into a pedestrian instead of another driver. This usually occurs when drivers misjudge the sidewalk and road or completely drive off the road.

Accidents can be minor or severe, just like the injuries sustained, and below are some of the most common injuries sustained because of intoxication assault:

• Head and neck injuries
• Spinal injuries
• Broken bones
• Facial injuries
• Lacerations
• Loss of consciousness
• Internal damage
• Severe burns

What If I Injure Someone While DUI in Texas?

If you injure someone because of a DUI, it can be a traumatic experience, but it is important to remain calm. However, you should contact a lawyer immediately. The longer you wait, the more difficult it may be to build a defense that helps you get your charges dismissed or reduced. Upon your arrest. you should avoid speaking to law enforcement without a lawyer present. Anything you say could and may often be used against you.

As mentioned, intoxication assault or a DUI with injuries is a serious offense in Texas. Instead of being a misdemeanor, as with a typical DUI, intoxication assault is a third-degree felony. Not only are you at risk of serving time in jail and paying hefty fines, a felony will appear on your permanent criminal record. This could impair your ability to obtain a job position, housing, and/or educational opportunities, and you could lose professional licenses.

FAQs

What Are the Injuries of Drunk Driving?

Injuries from a drunk driving accident can be moderate to severe. Depending on the severity of the accident, those involved can sustain head and neck injuries, spinal injuries, broken bones, internal injuries, and even severe burns. In worst cases, DUI accidents can even be fatal. Because serious injuries can occur, DUI accidents resulting in injuries are penalized more harshly.

What Is the Average Settlement for a Drunk Driving Accident in Texas?

The average settlement for a drunk driving accident in Texas depends on the nature of your case. If a victim sustains severe injuries or damage to their vehicle (if a vehicle was involved), they may receive a large settlement that helps pay for medical bills and damage to their property. Settlements are also dependent upon how long the victim sustained injuries and are required to take time off work.

What Happens if You Hurt Someone in a DUI?

If you hurt someone in a DUI, you could face prison time, pay fines, get your license suspended, and have a permanent criminal record. In Texas, injuring someone in a DUI crash is considered an intoxication assault. This is a third-degree felony punishable by 2–10 years in prison and up to $10,000 in fines.

Does Insurance Pay for Drunk Driving Accidents?

Yes, in general, insurance will pay for drunk driving accidents. If you are involved in a DUI accident and you are charged with the DUI, the insurance may still pay for damage to your vehicle, but you may be liable to pay for damage to the other vehicle or for the other person’s injuries. However, if there is suspected foul play or intentionality, the insurance company may deny coverage.

Contact the Law Office of Joseph Ruiz, PLLC Today

Accidents happen, and that is why the Law Office of Joseph Ruiz, PLLC, is there to help you if you are involved in a DUI accident. Whether your accident involved minor or major injuries, we are here to represent you. You have rights, no matter who was at fault. Do not speak to law enforcement about your case; instead, contact us for a consultation to learn how we can help you with your charges.