A drunk driver made a choice — and you're the one paying for it. Missouri law gives you the right to pursue full compensation, punitive damages, and in some cases, a claim against the bar that kept serving them. Bur Oak Legal builds these cases from the ground up, starting with the evidence that proves the driver was intoxicated.
(573) 499-0200 — free consultationDrunk driving accident cases involve a level of legal complexity — and a range of available remedies — that sets them apart from ordinary car accident claims. The at-fault driver didn't just make a mistake in traffic. They made a deliberate decision to get behind the wheel while impaired, knowing the risk they posed to everyone around them.
Missouri law under RSMo §577.010 establishes the legal standard for intoxication — a BAC of 0.08% or higher. When a driver meets or exceeds that threshold and causes a crash, their criminal liability and your civil claim become linked. A DWI citation or conviction is powerful evidence in your injury case. Toxicology reports, field sobriety test videos, and BAC test results all go into the file.
Beyond the driver, Missouri's dram shop law gives you a potential claim against any bar or restaurant that served alcohol to a visibly intoxicated person who then caused your crash. Call (573) 499-0200 or contact us online to discuss every avenue of recovery available in your case.
Before entering private practice, Chris Miller worked as a government attorney at the Missouri Division of Workers' Compensation — the state administrative body where disputed injury claims are heard and decided. He knows firsthand how insurance companies evaluate evidence, what arguments they rely on to reduce payouts, and how to build a case file that holds up under scrutiny. That perspective is especially valuable in complex drunk driving cases involving multiple parties and evidence sources.
Drunk driving is not an accident — it's a choice. And it kills and seriously injures thousands of people every year. Understanding the legal standards and the scale of the problem helps illustrate why Missouri law gives victims powerful tools to pursue maximum accountability.
Sources: NHTSA Drunk Driving Statistics · RSMo §577.010 · RSMo §537.053
Drunk driving cases have access to evidence that standard car accident claims don't. That evidence can establish impairment beyond question, support punitive damages, and in some cases open a second avenue of recovery through dram shop liability.
Blood or breath alcohol testing at the scene establishes the driver's BAC at the time of the crash. A result at or above 0.08% under §577.010 RSMo creates a strong presumption of impairment and supports both compensatory and punitive damage claims.
A police report documenting signs of intoxication — slurred speech, bloodshot eyes, the odor of alcohol, failed field tests — and a DWI citation or arrest are powerful evidence in your civil case. A criminal conviction or guilty plea under §577.010 is admissible and can be decisive.
Dashcam footage from the responding officer's cruiser often captures the driver's field sobriety tests — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. These videos show the physical signs of impairment and corroborate the BAC results and officer observations.
Missouri's dram shop law under §537.053 RSMo allows claims against bars and restaurants that served an already visibly intoxicated patron. Bar receipts, surveillance footage, staff statements, and the driver's toxicology report all help establish the venue's liability — providing a second source of recovery.
Most modern vehicles record an event data recorder (EDR) — capturing speed, braking, throttle position, and steering inputs in the seconds before impact. This data can show that the impaired driver made no attempt to brake or avoid the collision, supporting both negligence and recklessness findings.
Hospital toxicology reports taken after the crash can confirm BAC levels and screen for other substances. In cases involving serious injury, these reports are often requested by law enforcement and become part of the criminal file — available in your civil case as well.
Evidence in drunk driving cases must be preserved immediately. BAC records, surveillance footage, and field sobriety test videos disappear faster than you think. The moment you call us, we start protecting what matters most.
We review your accident details, injuries, and losses at no cost. We analyze police reports and available evidence, identify all responsible parties — including potentially the establishment that served the drunk driver — estimate case value, and explain your legal options clearly. Call (573) 499-0200 or contact us online.
We obtain police reports, BAC test results, and field sobriety test recordings immediately. We investigate potential dram shop liability by examining bar receipts and surveillance footage. We analyze vehicle event data recorder information. We document all medical treatment, expenses, and communications with insurance companies — building a file that is ready for negotiation or trial.
Missouri's pure comparative fault system under §537.765 RSMo means insurance companies will try to assign some fault to you to reduce their payout. We aggressively counter those arguments with evidence. We pursue the full value of your medical expenses, lost wages, property damage, pain and suffering, and — where warranted — punitive damages for the driver's reckless conduct.
When insurance companies refuse to offer what your case is worth, Chris Miller takes it to court. He has litigated cases that reached the Missouri Supreme Court, expanding the rights of working Missourians statewide. Drunk driving cases often produce larger jury verdicts than insurers initially offer — which is why being prepared to try the case is so important to negotiating a fair settlement.
Missouri's driving while intoxicated statute at RSMo §577.010 establishes that a person commits the offense of driving while intoxicated when they operate a motor vehicle while in an intoxicated or drugged condition. A blood alcohol concentration of 0.08% or higher creates a legal presumption of intoxication for adult drivers of standard vehicles — and a criminal DWI conviction under this statute is directly admissible in your civil personal injury case. When an impaired driver causes serious injuries, victims can recover compensatory damages covering medical expenses, lost wages, property damage, and pain and suffering — as well as punitive damages where the driver's conduct was particularly reckless, such as repeat offenders or those driving with dramatically elevated BAC levels. Beyond the driver, Missouri's dram shop law at §537.053 RSMo creates a separate cause of action against licensed liquor establishments that served alcohol to a visibly intoxicated person who subsequently caused a crash. Bar receipts, surveillance footage, server statements, and the driver's toxicology report combine to establish these claims.
Missouri follows a system of pure comparative fault under §537.765 RSMo, which means that your right to recover compensation is not eliminated even if you bear some percentage of fault for the crash — your damages are simply reduced proportionally. Insurance adjusters representing a drunk driver will still attempt to shift blame onto you to minimize the payout, and having an experienced attorney to counter those arguments is critical. Under §516.120 RSMo, most personal injury claims in Missouri must be filed within five years from the date of the accident, and wrongful death claims must be filed within three years. Despite those windows, the most valuable evidence in drunk driving cases — BAC records, surveillance footage, field sobriety test video — is also the most perishable. Contact Bur Oak Legal as soon as possible after a drunk driving crash to begin preserving the evidence that makes the difference between a fair recovery and an inadequate one.
Under RSMo §577.010, a driver is considered legally intoxicated in Missouri with a blood alcohol concentration of 0.08% or higher for adults operating standard vehicles. Commercial drivers face a stricter 0.04% limit, and drivers under 21 are subject to a 0.02% zero-tolerance threshold. However, a driver can be found civilly negligent even with a BAC below the legal limit if other evidence — field sobriety failures, slurred speech, erratic driving — shows they were impaired and unable to operate their vehicle safely.
Yes, in certain circumstances. Missouri's dram shop statute under RSMo §537.053 allows injured victims to bring claims against a licensed liquor establishment that served alcohol to a visibly intoxicated person who then caused a crash. These claims require showing the establishment served the driver while they were visibly intoxicated. Bar receipts, surveillance footage, staff accounts, and toxicology reports all help establish the case. Dram shop claims provide an important additional source of recovery beyond the drunk driver's own insurance policy limits.
Punitive damages are available in drunk driving cases where the at-fault driver's conduct was particularly reckless or egregious — and getting behind the wheel with a significantly elevated BAC typically qualifies. Unlike compensatory damages, which cover your actual losses, punitive damages are designed to punish the wrongdoer and deter similar conduct. Missouri courts have upheld substantial punitive awards in drunk driving cases, especially involving repeat offenders or very high BAC readings. Your attorney will evaluate the specific facts of your case to determine whether a punitive damages claim is appropriate and viable.
Under §516.120 RSMo, most personal injury claims must be filed within five years from the date of the accident. Wrongful death claims must be filed within three years. But waiting hurts drunk driving cases far more than standard crashes — BAC records have retention schedules, surveillance footage gets overwritten, field sobriety test videos disappear, and bar receipts get discarded. Contact an attorney immediately after the crash so the evidence that proves intoxication can be preserved before it's gone.
A criminal DWI conviction or guilty plea by the drunk driver is powerful evidence in your civil personal injury case. A conviction under RSMo §577.010 establishes that the driver was operating a vehicle while intoxicated — satisfying a key element of negligence. The conviction itself is admissible in the civil proceeding. Bur Oak Legal monitors the criminal case alongside your civil claim and uses every available piece of evidence — criminal and civil — to build the strongest possible case for your recovery.
BAC records. Surveillance footage. Field sobriety test video. The sooner you call, the more we can preserve. No fee unless we win. Free consultation.