A DWI (Driving While Intoxicated) charge in Austin is not just a legal headache—it is also a financial burden. From the criminal penalties to the civil costs, a DWI can significantly impact your wallet. If you are facing a DWI in Austin, understanding the full scope of these costs can help you prepare and make informed decisions.

This article will explain what constitutes a DWI in Texas and break down the criminal and civil costs. We will also explain what to do if you are charged with a DWI-related accident and why hiring a trusted DWI accident lawyer in Austin is essential.

What is a DWI in Austin?

In Austin, a DWI (Driving While Intoxicated) occurs when a person operates a motor vehicle while impaired by alcohol or drugs. A driver is legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. However, even if your BAC is below the legal limit, you can be charged with a DWI if law enforcement determines your driving is impaired.

Texas takes DWI offenses seriously, and Austin law enforcement is no exception. The city has zero tolerance for impaired driving, which means even first-time offenders face harsh consequences. This is true whether you are a resident or just passing through.

The Criminal Penalties for a DWI in Austin

Getting charged with a DWI in Austin can lead to severe criminal penalties. The exact consequences depend on factors like your BAC level, prior offenses, and whether anyone was injured. Under Texas Penal Code § 49.04, here’s what you could face:

First Offense

A fine of up to $2,000.
Jail time ranging from 3 to 180 days.
A license suspension for up to one year.

Second Offense

A fine of up to $4,000.
Between 30 days and one year in jail.
A license suspension for up to two years.

Third Offense

A fine of up to $10,000.
Between 2 and 10 years in prison.
A license suspension for up to two years.

Additionally, you may be required to install an ignition interlock device (IID) on your vehicle. This device prevents your car from starting if alcohol is detected on your breath.

Furthermore, Texas has enhanced penalties for DWI cases involving injuries, fatalities, or driving with a child passenger. For example, a DWI with a child passenger is a state jail felony, punishable by a $10,000 fine and up to two years in jail.

The Civil Cost of a DWI in Austin

The financial impact of a DWI extends beyond the criminal penalties. Drivers charged with DWI in Austin face significant civil costs that can pile up quickly. Here is a breakdown of the typical expenses:

Bail or Bond: $500 to $2,500, depending on the severity of the charge.
Towing and Impound Fees: $150 to $400 for towing; $20 to $50 daily for impoundment.
Court Fees and Penalties: $300 to $500 for processing and administrative fees.
Attorney’s Fees: These can range from $2,500 to $10,000, depending on the complexity of the case.
License Fees and Reinstatement: Around $125, plus costs for alcohol education programs ($100 to $300).
Ignition Interlock Device (IID): Installation costs up to $200, with $70 to $100 in monthly monitoring fees.

When Can DWI Charges Lead to a Personal Injury Lawsuit?

A DWI accident in Austin does not just result in criminal charges—it can also lead to a personal injury lawsuit. Under Texas law, if a drunk driver causes an accident that injures another person, the victim can sue for damages. These lawsuits typically seek compensation for damages such as the victim’s medical bills, lost wages, property damage, and pain and suffering.

Key factors that can trigger a DWI-related personal injury lawsuit include:

Evidence of Intoxication: A high BAC or any evidence of impaired driving can strengthen the victim’s case against you.
Injuries to Victims: Severe injuries, such as broken bones, spinal cord damage, or traumatic brain injuries, often lead to significant damage claims.
Negligence: Evidence that your actions, such as running a red light or speeding, contributed to or caused the accident.

How Are DWI Damages Calculated?

Several factors come into play when determining damages in a DWI-related accident case. Here is what courts and insurance companies take into consideration when calculating damages:

The Severity and Permanence of the Victim’s Injuries: Accidents that result in the victim suffering permanent disability or disfigurement or having ongoing medical treatment often result in larger settlements.
Comparative Fault: Texas follows the comparative fault rule, meaning that a victim is only entitled to damages if they are less than 51% at fault for the accident. Their compensation will then be reduced by their percentage of fault.
The Victim’s Economic Losses: The victim’s medical bills, lost wages, and property damage will be the foundation of their compensation.

How is Compensation for the Victim’s Pain and Suffering Calculated in Texas?

Pain and suffering damages compensate accident victims for the physical and emotional impact of the accident. Unlike economic damages, these non-economic damages are more subjective, often depending on the severity of the injuries and other factors such as:

The victim’s pain level and the duration of their suffering.
The extent of the victim’s emotional distress, including anxiety, depression, or PTSD.
Any permanent physical impairments or scarring.

Pain and suffering are often calculated as a multiplier of the victim’s economic damages. For example, if the victim’s economic damages total $50,000, the damages awarded for their pain and suffering might be two to five times that amount.

What Is the Average Settlement for a DWI Personal Injury in Texas?

The settlement amount for a DWI-related personal injury in Texas can vary widely. Settlements can range from $15,000 for minor injuries to over $1 million in cases involving catastrophic injuries. These figures depend on several factors, such as the seriousness of the victim’s injuries and the level of negligence involved.

Victims with permanent disabilities or extensive medical needs generally receive higher settlements. For example, a traumatic brain injury or paralysis caused by a DWI accident could result in compensation reaching hundreds of thousands or even millions of dollars. Conversely, minor injuries like bruises or whiplash usually result in lower payouts.

What If I Also Suffered Injuries in the Accident?

Being the at-fault driver in a DWI accident does not mean you cannot claim compensation for your own injuries—under specific circumstances. For example, if another party shares responsibility for the accident, you may recover a portion of your damages based on Texas’s comparative fault rule. However, your ability to claim compensation will diminish if your fault exceeds 50%.

Your own insurance policy might also cover some of your medical expenses and damages, depending on the type of coverage you have. Personal Injury Protection (PIP) and Medical Payments (MedPay) coverage are two options that can help offset your medical bills, regardless of fault.

Can I Be Sued for More Than My Insurance Policy’s Limit?

You can be sued for more than your insurance policy covers in a DWI-related accident case. If the victim’s damages exceed your policy’s limits, they may pursue your personal assets to recover the remaining amount. For instance, if your policy has a $50,000 liability limit but the victim’s damages total $100,000, you could be held personally responsible for the additional $50,000.

What Should I Do If I Have Been Charged with Causing a DWI-Related Accident in Austin?

If you are facing charges for a DWI-related accident in Austin, it is critical to take immediate steps to protect your rights and minimize the consequences. Here is what you should do:

Hire an Experienced Lawyer: Contact a trusted DWI accident lawyer in Austin to help you understand your options and build a strong defense.
Gather Evidence: Collect all relevant evidence, including the police reports, your medical records, and any witness statements. This information will be vital in contesting the charges or negotiating a settlement.
Follow Legal Procedures: Attend all court hearings and comply with all court orders. Failing to do so can result in additional penalties or even a warrant for your arrest.
Avoid Admitting Fault: Be cautious when discussing the accident with the insurance companies and other parties involved. Admitting fault can weaken your case and lead to a higher settlement.

By taking these steps and hiring a skilled criminal defense attorney in Austin, you can potentially reduce the costs and liabilities related to your DWI charge.

Both the legal and financial consequences of a DWI are serious, and dealing with them alone can make things even worse. That is why hiring an experienced defense attorney is essential.

At Stephen T. Bowling, DWI & Criminal Defense Attorneys, we understand how stressful and costly a DWI charge can be. We are here to answer your questions, explain your options, and help you fight for the best possible outcome.