Oklahoma makes it unlawful to drive with a blood or breath alcohol concentration of 0.08 or higher under 47 O.S. § 11-902. If a drunk driver hit you in Midwest City, you can pursue compensation from that driver, and sometimes from a bar or host who kept serving someone already visibly intoxicated.
Most Midwest City drivers follow the rules of the road, but it only takes one impaired driver to cause a crash that changes your life. Disregarding the law and the safety of others can subject a drunk driver to criminal punishment, but they, and sometimes others, can also be liable to pay you compensation.
Determining Who Is Liable for a Drunk Driving Accident
The intoxicated driver usually bears most of the blame for causing the collision, and Oklahoma’s criminal DUI statute, 47 O.S. § 11-902, sets 0.08 blood or breath alcohol concentration as unlawful, though a driver can also be impaired below that number. A conviction or citation for driving under the influence is strong evidence of negligence in the civil case that follows.
Bars, liquor stores, and even party hosts can also share liability. Under 37A O.S. § 6-121, it is against the law to knowingly sell, furnish, or give alcohol to a person who is already visibly intoxicated. Establishing that kind of third-party liability takes more digging than an ordinary crash claim, but a Midwest City drunk driving accident lawyer can review receipts, surveillance video, and witness accounts to determine whether a third-party claim is viable.
Damages After a Drunk Driving Accident
Compensation, generally called damages, can cover several kinds of loss after a drunk driving crash:
- Medical expenses, both already incurred and reasonably expected in the future
- Lost wages and any reduced ability to earn income going forward
- Pain, suffering, and other intangible harm from the crash
- Punitive damages meant to punish the drunk driver and deter similar conduct
Oklahoma allows punitive damages under 23 O.S. § 9.1 where a jury finds, by clear and convincing evidence, that the driver acted with reckless disregard for others’ rights, a standard that a drunk driving crash frequently meets. A Midwest City drunk driving accident attorney can calculate an appropriate figure for each category so you have a real number to weigh against whatever the insurance company eventually offers.
Act Quickly to Preserve Evidence
Most people want to focus on healing before thinking about legal issues, but evidence in a drunk driving case can disappear fast. NHTSA’s research on impaired driving shows how often these cases hinge on evidence collected in the first days after a crash. Police body camera footage, 911 audio, and bar or restaurant surveillance video are often purged or overwritten within weeks. Oklahoma also limits how long you have to file a claim, generally two years from the crash under 12 O.S. § 95, so waiting too long to get an attorney involved can cost you both evidence and legal options.
Frequently Asked Questions
Can I sue the bar that served the drunk driver?
Possibly. Oklahoma law prohibits knowingly serving alcohol to a visibly intoxicated person, and if a bar or server did so anyway, that establishment may share liability alongside the driver.
Does a DUI conviction guarantee I win my civil case?
It helps but is not automatic. A conviction is strong evidence the driver was impaired, but you still have to prove that impairment caused the crash and that the crash caused your specific injuries.
What if the drunk driver had no insurance?
Your own Uninsured Motorist coverage may apply. Oklahoma requires insurers to offer this coverage under 36 O.S. § 3636, which can pay out when the at-fault driver cannot.
Contact a Midwest City Drunk Driving Attorney
No amount of money undoes what a drunk driver put you through, but it can cover medical bills, lost income, and the other costs the crash left behind. Hasbrook & Hasbrook represents Midwest City clients hurt by drunk and impaired drivers, including Midwest City motorcyclists hit by an impaired driver, and handles the full range of car wreck lawsuit process in OKC cases across the metro. For local drunk driving data, see the Oklahoma Highway Safety Office. Call (405) 605-2426 or get in touch to talk through what happened.
