How to Prove a Driver Was Drunk in a Victoria, TX Accident Claim 

Impaired driving is a common and significant issue on roads in Texas, including the Victoria, TX area. Victoria, and its surrounding area (US-59, US-77, Loop 463), has had its fair share of accidents involving alcohol. If a drunk driver has injured a person or family member, they may (and likely) feel that the drunk driver's intoxication and liability will not be a complicated matter to prove, especially when the drunk driver has received a DWI arrest for Driving While Intoxicated. In civil claims for accidents, however, the burden of proof is upon the victim to demonstrate that the intoxication of the driver was a direct cause of the crash and resulting injuries. At A2X Law, we are very adept at collecting and preserving evidence necessary to prepare a strong case and recover maximum compensation for injured victims of drunk driving accidents. Having said that, this article will identify the primary types of evidence used to prove intoxication in Victoria, TX, accident claims, and will discuss why it is essential to prove intoxication and how experienced attorneys at A2X can assist you in the process. 


Evidence Used to Prove Drunk Driving in Victoria Accident Cases 

When you pursue a claim for a drunk-driving accident, you must demonstrate compelling evidence to show that intoxicated driving occurred and that the intoxication was the basis for causing the crash. Here are categories of the primary evidence used to prove drunk driving.  


1. Police Reports 

In the event of a traffic accident in Victoria, often Officers of the Victoria Police Department or the Victoria County Sheriff’s Office will respond to the scene and file a detailed report of the accident. This accident report is a vital piece of evidence in impaired driving cases. The accident report may include:  

  • Officers’ Observations: The officers are trained to observe all the signs of intoxication, such as slurred speech, red and glassy eyes, the smell of alcohol, unusual behaviors, and can document their observations in a report. These observations can be compelling evidence of impaired driving. 
  • Field Sobriety Tests: If the officer conducted field sobriety tests (e.g., the walk-and-turn test, one-leg stand, or horizontal gaze nystagmus test), the results will likely be noted in the report. Poor performance on these tests can indicate intoxication. 
  • Arrest Information: If the driver was arrested for DWI, the report will include details of the arrest, such as the officer’s justification for suspecting intoxication and whether the driver was taken into custody. 


A police report provides an official account of the crash and can serve as a foundation for your claim. However, it’s essential to obtain and review the report carefully, as errors or omissions can occur. 


2. Breathalyzer and Blood Test Results 

Scientific evidence of intoxication is one of the strongest types of evidence in proving a driver was impaired. In Texas, having a blood alcohol concentration (BAC) of 0.08% or greater is considered legally intoxicated for drivers 21 years of age or older. If a Breathalyzer or blood test reflects a BAC at or above 0.08%, your claim will benefit vastly. Equally, even if the driver's BAC is below 0.08%, evidence of impairment (i.e., swerving or poor coordination) can still support a finding of negligence. Things to focus on include:  

  • Breathalyzer Tests: Administered at the scene or shortly after, these tests measure the alcohol content in a driver’s breath. While generally reliable, their accuracy can be challenged if the device was not properly calibrated or the test was administered incorrectly. 
  • Blood Tests: Blood tests are typically more accurate than breathalyzers and are often conducted at a hospital or police station. These results can provide definitive proof of intoxication. Still, they must be obtained legally and within a reasonable time frame after the crash. 


An experienced attorney can ensure that these test results are admissible in court and address any challenges that the defense may raise. 


3. Witness Testimony 

Witnesses to the crash or the driver’s behavior before the incident can provide valuable testimony to support your claim. Potential witnesses include: 

  • Bystanders or Other Motorists: Individuals who saw the crash or the driver’s erratic behavior (e.g., swerving, running red lights, or speeding) can testify to signs of intoxication. 
  • Passengers: Passengers in either vehicle may have observed the driver consuming alcohol or exhibiting signs of impairment, such as slurred speech or difficulty staying alert. 
  • Bartenders or Servers: If the driver was served alcohol at a bar or restaurant before the crash, staff members may testify about the driver’s behavior or level of intoxication. 


Witness testimony can corroborate other evidence, such as police reports or test results, and add a human element to your case. 


4. Bar or Restaurant Receipts (Dram Shop Laws) 

In some cases, Texas dram shop laws allow victims to hold bars, restaurants, or other establishments liable for over-serving alcohol to an already intoxicated patron who later causes an accident. To pursue a dram shop claim, you may need evidence such as: 

  • Bar Tabs or Receipts: These documents can show how much alcohol the driver consumed and over what period. 
  • Credit Card Statements: Financial records can link the driver to a specific establishment and demonstrate excessive alcohol consumption. 
  • Staff Testimony: Employees may confirm that the driver was visibly intoxicated when served additional alcohol. 


Dram shop cases are complex, but they can provide an additional avenue for compensation, especially if the driver lacks sufficient insurance coverage. 


5. Accident Reconstruction 

In high-severity collisions, especially on high-speed roadways such as US-59, US-77, or Loop 463 in Victoria, accident reconstruction experts have provided valuable evidence in the past. The reconstruction experts will inspect the physical evidence at the scene. This includes:   

  • Skid Marks: The patterns of skid marks can indicate erratic driving or suggest that the driver had a delayed reaction time consistent with intoxication.  
  • Vehicle Damage: If the damage is consistent with the speed, the location and level of damage can support a claim regarding the speed and angle of impact, which may be indicative of reckless driving.  
  • Crash Dynamics: Experts can reconstruct the sequence of events to demonstrate how the driver’s impairment likely contributed to the accident. 


Accident reconstruction reports are highly persuasive in court, as they provide a scientific basis for linking intoxication to the crash. 


Why Proving Drunk Driving Matters in Your Claim 

Proving that the at-fault driver was impaired does more than simply determine that the driver was negligent; it can add value to your claim. Texas courts may, in some situations, consider the possibility of awarding punitive damages for cases of gross negligence, such as drunk driving. Compensatory damages, which pay for medical bills, lost wages, and pain and suffering, and punitive damages, are meant to:   

  • Punish the Driver: The intoxicated driver may lose their license, but it does not hold them accountable for their actions while driving drunk and illegally.  
  • Deter Future Misconduct: Send a message to the public that drunk driving will not be tolerated. 
  • Educate the Community: Understand the hazards of driving under the influence of alcohol and/or drugs. 


Punitive damages can substantially increase the compensation awarded, helping victims recover financially and emotionally from the devastating impact of a drunk driving accident. 


Protecting Your Rights After a Drunk Driving Accident in Victoria 

The aftermath of a drunk driving accident can be confusing and exhausting. Insurance companies, including the at-fault driver’s insurance company, may try to undercut your claim and may blame you even when it is clear there was intoxication. You can protect your rights by taking the following steps:  

  • Seek Medical Attention: Document your injuries and follow your doctor’s treatment plan. 
  • Preserve Evidence: Avoid repairing your vehicle or discarding personal items until they’ve been documented. 
  • Contact an Attorney: An experienced A2X drunk driving accident lawyer can: 
  • Gather and preserve critical evidence, such as police reports and test results, before it is lost or destroyed. 
  • Work with accident reconstruction experts to build a strong case. 
  • Negotiate with insurance companies to secure fair compensation. 
  • Represent you in court if the insurer refuses to settle or disputes liability. 


Talk to a A2X Drunk Driving Accident Lawyer in Victoria, TX 

If you or a loved one has been injured by a drunk driver in Victoria, TX, you deserve justice and fair compensation. At A2X Law, we understand the physical, emotional, and financial toll of these accidents. Our team is dedicated to holding intoxicated drivers and, when applicable, negligent establishments accountable for their actions. We fight aggressively to ensure victims receive the compensation they need to rebuild their lives, including medical expenses, lost income, pain and suffering, and potentially punitive damages. 


Don’t let an insurance company take advantage of you during this difficult time. Call A2X Law today for a consultation. Our experienced Victoria drunk driving accident attorneys will review your case, explain your legal options, and build a strong claim on your behalf. Let us help you seek the justice and recovery you deserve.