After a drunk-driver crash in Texas: victim rights, restitution, compensation and the civil claim

The short answer

After a crash involving a driver who is suspected of being intoxicated, Texas has several separate official processes, and they run on their own schedules. The criminal case is brought by the State under Penal Code chapter 49, which makes driving while intoxicated, intoxication assault and intoxication manslaughter offenses (Penal Code §§49.04, 49.07, 49.08). A person hurt in the crash has statutory rights within that case, such as information about court dates and the chance to submit a victim impact statement (Code of Criminal Procedure art. 56A.051), but, under art. 56A.054, "does not have standing to" participate as a party in a criminal proceeding or contest the disposition of any charge (art. 56A.054). A court may order restitution when it sentences a convicted defendant (art. 42.037). The Attorney General's Crime Victims' Compensation program is a separate state program, and its statute lists these offenses among its exceptions for motor-vehicle conduct (art. 56B.003(4)(D)). A civil claim is a different kind of case with its own two-year period for bringing suit for personal injury (Civil Practice and Remedies Code §16.003).

This guide describes each process, who runs it and where the official text or program page is. It is general information, not legal advice, and it says nothing about whether any person was intoxicated, who is responsible for any crash, or whether anyone qualifies for anything. Each agency and court decides for itself. Related guides go deeper on dram shop claims and on Crime Victims' Compensation after a crash.

Key facts (as of October 30, 2026)

• Criminal and civil are separate. The State prosecutes crimes. A victim has rights in the criminal case but no standing to participate as a party or contest the disposition of a charge (art. 56A.054).
• The offenses. Driving while intoxicated is committed by a person who "is intoxicated while operating a motor vehicle in a public place" (Penal Code §49.04(a)). Intoxication assault and intoxication manslaughter add serious bodily injury or death caused "by reason of that intoxication" (§§49.07, 49.08).
• Who is a "victim." The Code includes a person who "has suffered personal injury or death as a result of the criminal conduct of another" (art. 56A.001(7)(B)).
• Harris County. The District Attorney's Office names the assigned Victim Assistance Coordinator or assistant district attorney as the point of contact for a pending criminal matter, and lists Victim Services at 713-274-0250 (Harris County DA).
• Restitution. A court that sentences a convicted defendant "may order the defendant to make restitution to any victim of the offense" (art. 42.037(a)).
• Crime Victims' Compensation. Motor-vehicle conduct is excluded unless it falls within listed exceptions, which include Penal Code §§49.04, 49.07 and 49.08; the application must generally be filed by the third anniversary of the conduct (art. 56B.003(4)(D), art. 56B.052).
• Civil suit period. "A person must bring suit" for personal injury "not later than two years after the day the cause of action accrues," except as provided by Sections 16.010, 16.0031 and 16.0045 (CPRC §16.003(a)).
• Crash report. On written request and payment of the fee, a report is released to "any person directly concerned in the collision or having a proper interest therein" (Transp. Code §550.065(c)(4)).

Why are the criminal case and the civil claim separate?

They have different parties, different decision-makers and different clocks. In a criminal case the State, through a prosecutor, brings the charge, and the court decides the case under the criminal statutes. The Code of Criminal Procedure says a victim, guardian of a victim or close relative of a deceased victim "does not have standing to" participate as a party in a criminal proceeding or contest the disposition of any charge (art. 56A.054). A civil claim is brought by a person who was injured, under civil law, and the period for bringing suit is set by the Civil Practice and Remedies Code, not by the progress of any criminal case (CPRC §16.003).

Texas law does connect the two in a few places, and this guide points them out where they come up: a restitution order can reduce a later civil recovery, and a conviction "estops the defendant from denying the essential allegations of that offense" in a later civil proceeding brought by the victim, "to the extent consistent with state law" (art. 42.037(f)(2), (l)). Those connections are described in the statute; how they work in a given case is for the court.

Which Texas crimes involve driving while intoxicated?

Penal Code chapter 49 defines "intoxicated" two ways: "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body," or "having an alcohol concentration of 0.08 or more" (§49.01(2)).

This guide covers three offenses:

• Driving while intoxicated (§49.04): a person commits an offense "if the person is intoxicated while operating a motor vehicle in a public place."
• Intoxication assault (§49.07): a person who, "by accident or mistake," while operating a motor vehicle in a public place while intoxicated, "by reason of that intoxication causes serious bodily injury to another." The section defines "serious bodily injury" as injury "that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ."
• Intoxication manslaughter (§49.08): a person who operates a motor vehicle in a public place, "is intoxicated and by reason of that intoxication causes the death of another by accident or mistake."

The full text, with the grading of each offense, is in the Penal Code chapter 49 reference entry. A charge is an accusation; whether any person committed any offense is decided in court.

What are a crime victim's rights in the Texas criminal case?

Article 56A.051 lists the rights of "a victim, guardian of a victim, or close relative of a deceased victim" "within the criminal justice system." Among them:

• the right to receive from a law enforcement agency adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;
• if requested, the right to be informed by the prosecutor of relevant court proceedings, at least five business days before each proceeding or otherwise as soon as reasonably practicable;
• when requested, the right to be informed by the prosecutor's office about the general procedures in the criminal justice system, including restitution and the appeals and parole process;
• the right to receive information about compensation to victims of crime under chapter 56B, including eligibility and application procedures;
• the right to provide pertinent information about the impact of the offense to a community supervision and corrections department conducting a presentencing investigation;
• the right to the prompt return of property held as evidence when it is no longer required for that purpose;
• the right to have a victim impact statement considered by the prosecutor and the judge before sentencing or before a plea bargain agreement is accepted;
• and, under subsection (b), the right to be present at all public court proceedings related to the offense, subject to the approval of the judge.

The list in the statute is longer and includes parole-related rights; the official text is linked above. Article 56A.0531 says these rights may be asserted "either orally or in writing, individually or through an attorney." Article 56A.053 adds that a judge, prosecutor, peace officer or law enforcement agency "is not liable for a failure or inability to provide a right," and that such a failure may not be used by a defendant as a ground for appeal (arts. 56A.053, 56A.0531).

Who helps victims follow the case in Harris County?

Texas requires the prosecuting attorney in each jurisdiction to designate a victim assistance coordinator, whose duties include ensuring victims are provided the rights in subchapter B and sending a victim impact statement, a victims' information booklet and an application for compensation under chapter 56B, with an offer to help complete them (arts. 56A.201, 56A.202). Each local law enforcement agency must designate a crime victim liaison (art. 56A.203).

In Harris County, the District Attorney's Office describes its victim advocates and Victim Services on its Survivors & Victims pages. It says people with a pending criminal matter should contact the assigned Victim Assistance Coordinator or assistant district attorney, or Victim Services at 713-274-0250, and that people can register with the Integrated Victim Services System (IVSS) to be notified of future court dates and of release of a defendant from custody (Harris County DA, Support for Survivors). The office's address on those pages is 1201 Franklin, Suite 600, Houston. The pages do not say how long any step takes.

What is a victim impact statement?

Article 56A.151 provides for a form used to record "the impact of an offense on a victim of the offense, guardian of a victim, or close relative of a deceased victim." The Harris County DA's page says the statement informs the person of their rights, lets them describe how the crime has affected them and their family, and collects contact information so the office can keep them updated; it says a coordinator sends the form after a defendant has been formally charged (Harris County DA, Victim Impact Statement).

The statutes set rules for how the statement is used. A court may not inspect it until after a finding of guilt or an order of deferred adjudication community supervision, unless the defendant authorizes it in writing (art. 56A.156). Before imposing a sentence, the court "shall, as applicable, inquire as to whether a victim impact statement has been returned to the attorney representing the state" and, if so, "consider the information provided in the statement" (art. 56A.157). Before sentencing, the defendant or the defendant's attorney must be permitted a reasonable period to read the statement, excluding the victim's name, address and telephone number, to comment on it and, with the court's approval, to introduce testimony alleging a factual inaccuracy (art. 56A.158). The Harris County page notes that, if approved by the court, the statement other than the confidential contact page may be seen by the defendant and defense attorney.

What is restitution, and how does it relate to a civil case?

Restitution is a payment a criminal court may order a convicted defendant to make. Article 42.037(a) says that, "in addition to any fine authorized by law," the court that sentences a defendant convicted of an offense "may order the defendant to make restitution to any victim of the offense or to the compensation to victims of crime fund," the fund part applying "to the extent that fund has paid compensation to or on behalf of the victim." If the court does not order restitution or orders only partial restitution, it "shall state on the record the reasons" (art. 42.037(a)).

The article has several rules that bear on injury cases:

• If the offense results in personal injury to a victim, the court may order restitution to the victim "for any expenses incurred by the victim as a result of the offense" (art. 42.037(b)(2)(A)).
• In deciding whether to order restitution and how much, the court "shall consider" the amount of the loss the victim sustained, the amount the compensation fund has paid, and other factors the court deems appropriate (art. 42.037(c)).
• The court "may not order restitution for a loss for which the victim has received or will receive compensation only from a source other than the compensation to victims of crime fund" (art. 42.037(f)(1)).
• "Any amount recovered by a victim from a person ordered to pay restitution in a federal or state civil proceeding is reduced by any amount previously paid to the victim by the person under an order of restitution" (art. 42.037(f)(2)).
• An order of restitution "may be enforced by the state or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action" (art. 42.037(m)).

Article 42.0375 adds a separate rule for intoxication manslaughter: the court "shall order a defendant convicted of an offense under Section 49.08, Penal Code, to pay restitution for a child whose parent or guardian was the victim of the offense," with a monthly amount for support set by the court under the factors the article lists (art. 42.0375). The statute states these rules in general terms; a court applies them case by case.

What is Crime Victims' Compensation, and does it reach these crashes?

Crime Victims' Compensation (CVC) is a program of the Texas Attorney General under Code of Criminal Procedure chapter 56B. The Attorney General's page says the program helps victims and their families "by covering costs like medical bills, counseling, lost wages, and more" (Texas Attorney General, CVC Program).

Chapter 56B defines "criminally injurious conduct" to exclude conduct that "arise[s] out of the ownership, maintenance, or use of a motor vehicle," unless it falls within listed exceptions. The exceptions include conduct in violation of Penal Code §49.04 (driving while intoxicated), §49.07 (intoxication assault) and §49.08 (intoxication manslaughter) (art. 56B.003(4)(D)). Two procedural rules apply generally: the victim must report the conduct to a law enforcement agency "within a reasonable period" (art. 56B.053), and the application must be filed "not later than the third anniversary of the date of the criminally injurious conduct," subject to the extensions the article describes (art. 56B.052). The fund is a "payer of last resort" (art. 56B.462).

On its application page, the Attorney General says each crime needs its own application, that an application can be submitted online through the CVC Portal, and that a paper application is available or can be requested at (800) 983-9933. It lists examples of costs, including medical care, counseling, lost wages and funeral expenses, and says the program cannot pay for "property theft, damage, or loss," "pain, suffering, or emotional distress" or "any cost not a direct result of the crime" (Apply, Covered Costs). The Attorney General decides each application; this guide does not say whether any person would qualify. The Crime Victims' Compensation guide and the chapter 56B reference entry cover the program in more detail.

What does Texas dram shop law say?

Separately from the criminal case, chapter 2 of the Alcoholic Beverage Code addresses civil liability for providing alcohol. Section 2.02(b) says providing, selling or serving an alcoholic beverage "may be made the basis of a statutory cause of action" upon proof that "at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others," and that the recipient's intoxication "was a proximate cause of the damages suffered" (Alco. Bev. Code §2.02(b)). Section 2.02(a) says the chapter "does not affect the right of any person to bring a common law cause of action against any individual whose consumption of an alcoholic beverage allegedly resulted in causing the person bringing the suit to suffer personal injury or property damage." This guide does not say whether any provider is responsible for any crash. The dram shop guide and the section 2.02 reference entry explain the statute in full.

How does insurance fit in?

Insurance is a third track, governed by the policy and the Insurance Code. The Transportation Code sets minimum liability coverage amounts (§601.072(a-1)), which the minimum auto insurance guide covers. The Texas Department of Insurance (TDI) explains that liability insurance "pays other people's medical expenses when you're at fault in an accident," and describes three other coverages: medical payments, personal injury protection (PIP) and uninsured/underinsured motorist coverage (TDI, Auto insurance guide).

An insurer may not issue an automobile liability policy in Texas without providing PIP coverage unless a named insured rejects it in writing (Ins. Code §1952.152), and its benefits "are payable without regard to" the fault or nonfault of the named insured or recipient (§1952.155(a)). Whether any coverage applies to any crash depends on the policy and facts that neither this guide nor the statute states. The guides on PIP, uninsured and underinsured motorist claims and talking to the insurance adjuster cover these topics.

What is the deadline to file a lawsuit?

For a civil suit, the statute says a person "must bring suit" for personal injury "not later than two years after the day the cause of action accrues," except as provided by Sections 16.010, 16.0031 and 16.0045 (CPRC §16.003(a)). For an action for injury resulting in death, subsection (b) uses the same two years and says the cause of action "accrues on the death of the injured person." This guide does not calculate any date for anyone. The Crime Victims' Compensation filing period (art. 56B.052) is a different period under a different statute, and neither period is tied to the stage of the criminal case. The filing-deadline reference entry and the statute of limitations guide explain the statute in more detail.

How can a crash report be obtained?

A written collision report is released, on written request and payment of the fee, to "any person directly concerned in the collision or having a proper interest therein," a group the statute lists to include any person involved in the collision, the owner of a vehicle or property damaged, insurers and "any person who may sue because of death resulting from the collision" (Transp. Code §550.065(c)(4)). The statute sets the fee for a copy (§550.065(d)). TxDOT says a Texas Peace Officer's Crash Report (CR-3) can be obtained through its Crash Report Online Purchase System, which emails the report after purchase and adds a minimal surcharge (TxDOT, Crash reports and records). The guides explain how to get a crash report in Houston and in Texas generally.

Is there a Houston or Harris County rule on these topics?

The offenses, the victims' rights, restitution, Crime Victims' Compensation, dram shop liability and the suit deadline are all set by state law. The local pieces this guide found are service pages: the Harris County District Attorney's Office victim services and victim impact statement pages, which describe how that office carries out the state's victim-assistance requirement. No separate City of Houston or Harris County deadline for a civil suit was found in the sources read.

What records do the official pages mention?

The official pages above mention several items used in these processes: the offense report number and the name of the law enforcement agency (the Attorney General says it uses them to request the police report for a Crime Victims' Compensation application), the case contact at the District Attorney's Office, the crash report, medical bills and insurance information (the Attorney General lists "bills, invoices, letters, or insurance information" as documents to upload), and any victim impact statement form. This is a list of what the cited pages mention, not a checklist for any person.

Related guides

• Drunk driver crashes in Texas: dram shop claims
• Texas Crime Victims' Compensation after a crash
• Texas Penal Code chapter 49: DWI, intoxication assault and intoxication manslaughter
• Texas Code of Criminal Procedure chapter 56B
• Texas dram shop law, Alcoholic Beverage Code §2.02
• Texas Civil Practice and Remedies Code §16.003 filing deadline
• Texas statute of limitations for injury claims
• How to get a crash report in Houston
• Texas personal injury protection
• Texas minimum auto insurance requirements

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