While many motor vehicle accidents are due to slight errors or driving mistakes, others are caused by the willful decision to drink and drive. Every year, thousands of lives are lost or changed after drunk driving crashes. After such vehicle crashes, accident victims or their survivors may be able to seek justice and accountability through a civil claim.
An experienced Oklahoma City drunk driving accident attorney from our OKC personal injury law firm can review your case and discuss your legal options during a free case review. Call us today to get started with yours.
How Is Drunk Driving Defined in Oklahoma?
Drunk driving occurs when a person’s driving ability is impaired by their consumption of alcohol. People are frequently charged when they have a blood alcohol concentration (BAC) of 0.08% or more. However, alcohol can impact a person’s driving ability at much lower BAC levels, and they can face civil claims for accidents they cause even if they are not charged criminally.
New Oklahoma DUI Law 2025
Starting November 1, 2025, Oklahoma will enforce a new, stricter DUI law. Under this law, any driver caught operating a vehicle under the influence of drugs or alcohol may face felony charges under certain circumstances, even for a first offense.
A DUI will automatically be classified as a felony if any of the following apply:
- There is a child in the car
- You get into a vehicle crash
- You drive 20+ mph over the posted speed limit
- You have a high BAC of 0.15% or higher
How Drinking Alcohol Affects Driving Ability
According to the National Highway Traffic Safety Administration (NHTSA), alcohol is a substance that reduces brain function, impairs thinking, reasoning, and muscle coordination, and negatively affects the ability to operate a vehicle safely. The more alcohol a person consumes, the more pronounced the negative effects on their driving. Possible adverse effects of drinking on driving, according to the NHTSA, include:
- Impaired judgment
- Difficulty tracking a moving target
- A decline in the ability to perform two tasks at once
- Loss of small-muscle control, such as focusing the eyes
- Decreased alertness
- Release of inhibition
- Reduced coordination
- Difficulty steering
- Reduced response to emergency driving situations
- Loss of balance, speech, vision, reaction time, hearing, and other muscle coordination
- Impaired reasoning and memory
- Reduced information processing
- Difficulty maintaining speed and lane
- Reduced ability to brake appropriately
These impairments can significantly increase the likelihood of the driver causing a serious crash.
How to Prove Fault in a Drunk Driving Crash
Oklahoma is an at-fault state for car accidents, meaning that the driver found at fault for the accident is responsible for the damages they cause. You will need evidence to establish fault, such as:
- Blood alcohol content test results that show an elevated BAC
- Field sobriety test results, which might be available if the defendant was pulled over or charged with drunk driving
- Camera footage from traffic cameras, police dash cams, body camera footage, or surveillance cameras
- Photos of the accident scene that show property damage and physical evidence consistent with drunk driving
- Prior convictions of drunk driving
- Witness statements regarding the defendant’s actions before or after the collision
An experienced Oklahoma City drunk driving accident lawyer can gather the evidence you need to prove your claim. We can also explore your other legal options for recovery, such as holding the bar or provider of alcohol responsible for the drunk driver’s actions.
What Financial Compensation Can I Recover If I Was Injured in a Drunk Driving Accident?
If you were injured in a drunk driving accident, you shouldn’t have to pay the consequences. Drunk driving accidents can cause serious injuries because the driver may be speeding and may not notice an impending collision, so they may not brake or brake way too late. You can suffer severe injuries, be off work for an extended period of time, and be dealing with painful injuries. You can seek compensation for these and other losses through a personal injury claim.
Damages you can be awarded may include:
- Payment for existing medical bills
- Ongoing medical treatment, rehabilitation, and therapy
- Anticipated future medical expenses
- Lost wages for the time you were off work
- Diminished earning capacity if you suffered a permanent disability or impairment that impedes your ability to work
- Costs to repair or replace your damaged vehicle and other damaged personal property
- Pain and suffering
- Mental anguish and emotional distress
- Reduced quality of life
While punitive damages are rarely awarded, a jury can award them in cases involving reckless, intentional, or malicious conduct to send a message that the behavior is unacceptable. Drunk driving cases may warrant these damages.
Oklahoma law limits the amount of punitive damages, depending on the circumstances. For reckless behavior, the damage cap is $100,000 or twice the amount of actual damages awarded, whichever is greater. For intentional or malicious conduct, the punitive damages cap is $500,000 or twice the amount of actual damages awarded, whichever is greater. The jury can consider various factors when determining how much to award in punitive damages, including:
- The seriousness of the harm caused by the defendant
- The degree of the defendant’s awareness of the hazard and its severity
- The defendant’s attitude and conduct after discovering the misconduct or hazard
- The defendant’s financial condition
An experienced Oklahoma City drunk driving accident attorney can prepare a compelling argument for why you deserve maximum compensation.
What Is the Deadline to File a Personal Injury Lawsuit After a Drunk Driving Accident in Oklahoma?
Oklahoma law generally requires accident victims to file a personal injury lawsuit within two years of the incident. However, if the defendant was incarcerated for DUI, the civil court may toll the statute of limitations until the party is released from jail. You must file your lawsuit within the applicable time limit to prevent your case from being time-barred. To learn the deadline that applies to your case, contact an experienced personal injury lawyer.
What Should I Do After a Drunk Driving Accident?
To establish liability, protect your legal rights, and safeguard your health, take these steps:
- Report the accident: Request law enforcement come to the scene and state your concerns about drunk driving. Police can respond, assess the situation, conduct interviews, and complete a preliminary investigation that can help your civil case. Ask how to obtain a copy of the police report.
- Seek medical attention: Request an ambulance if you or someone else was injured. Seek medical attention immediately after the accident, and continue with your follow-up care.
- Document the scene: Take photos or videos of the accident. Photograph damage to all involved vehicles, road conditions, traffic signs, and any other relevant information.
- Talk to witnesses: Ask witnesses to write down their names and contact information. An Oklahoma City DUI accident lawyer can follow up with them later to obtain an official statement.
- Keep records: Keep all your medical bills, medical records, and other documentation of the accident.
- Contact an OKC Drunk Driving Accident lawyer: Speak to an experienced Oklahoma City drunk driving accident attorney as soon as possible.
Contact Our Oklahoma City Drunk Driving Accident Lawyers Today for a Free Consultation
You have a limited amount of time to take legal action, so don’t delay. Contact Oklahoma Injury Law Firm or call us at (405) 310-8800 for a free consultation.