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 Injury Law 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.
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.
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 Injury Law 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.
BAC records. Surveillance footage. Field sobriety test video. No fee unless we win. Serving central Missouri.