“Labor Omnia Vincit” McKay Law​

Moore, OK Drunk Driving Accident Lawyer

DUI accidents kill thousands of innocent people every year in Moore, OK. When a motorist drives impaired by alcohol, every crash that follows was entirely preventable. McKay Law fights for drunk driving accident victims throughout OK. Drinking compromises reaction time, judgment, vision, and coordination—which is why the consequences are so often deadly. In Oklahoma, a driver is legally intoxicated at 0.08% BAC—and commercial drivers face stricter limits. DUI wrecks frequently cause fatal head-on crashes, T-bone collisions, pedestrian and cyclist fatalities, and rollovers. Our Moore drunk driving accident attorneys use every tool to establish intoxication. We preserve essential records—chemical test results, eyewitness accounts, video evidence, and law enforcement documentation. A criminal DUI conviction creates powerful evidence—but you can recover damages even if no criminal charges are filed. Liable parties may also include establishments that overserved the drunk driver, social hosts, and other parties who enabled the impairment. Injuries from drunk driving crashes catastrophic injuries with lifelong consequences. We recover all available damages including medical bills, future care, lost wages, lost earning capacity, pain and suffering, mental anguish, and wrongful death damages. Drunk driving is a textbook case for punitive damages—because driving drunk shows reckless disregard for the rights of others. The insurers covering impaired drivers may quickly admit liability but try to minimize damages—we pursue every dollar your case is worth, including punitive damages. Every client we represent is handled on a contingency basis—no fees unless we recover. Contact McKay Law today for a free consultation with a Moore, OK car accident attorney who will fight for the full justice you and your family deserve.

Settlements Won
0 +
Million Dollars Won
0 +
Google 5 Star Reviews
0 +
Drunk Driving Accident Lawyer in Moore, OK | McKay Law

Drunk Driving Wreck Lawyer in Moore, OK | McKay Law

What Is a Drunk Driving Accident Claim?

Drunk driving kills more than 10,000 people every year in the United States. Drunk driving is entirely preventable. When someone chooses to drink and drive, they’re making a deliberate decision to put everyone on the road at risk. Oklahoma imposes serious consequences on drunk drivers, with significant legal remedies for victims. Our firm fights for drunk driving accident victims in Moore and across the state.

Oklahoma’s Drunk Driving Laws

Driving while impaired by alcohol is illegal (Okla. Stat. tit. 47, § 11-902):

  • Above 0.08% BAC for adult drivers
  • With a BAC of 0.04% or higher (commercial drivers)
  • With any detectable alcohol (drivers under 21)
  • Impaired by alcohol regardless of BAC measurement

Sentences increase for repeat offenders and injury crashes.

Common Injuries From Drunk Driving Crashes

Drunk driving wrecks produce especially serious injuries because alcohol prevents normal defensive driving:

  • Brain injuries
  • Permanent paralysis
  • Crush injuries
  • Multiple fractures
  • Internal bleeding
  • Loss of limbs
  • Fire and burn injuries
  • Cervical strain
  • Severe cuts
  • Post-traumatic stress and psychological injuries
  • Wrongful death

The Effects of Alcohol on Driving

  • Slowed reflexes
  • Poor decision-making
  • Distorted or limited visual field
  • Loss of fine motor control
  • Reduced concentration
  • Drowsiness and falling asleep
  • Increased risk-taking
  • Aggressive driving

Common Types of Drunk Driving Crashes

  • Wrong-way wrecks from impaired drivers
  • Rear-end collisions
  • Drunk drivers running off the road
  • T-bone and intersection crashes
  • Pedestrian incidents
  • Rollover accidents
  • Drunk drivers going the wrong direction on highways

How We Prove the Other Driver Was Drunk

  • Officer observations
  • Breathalyzer test results
  • Blood draw results
  • ER alcohol tests
  • Criminal court records
  • Witness statements
  • Video evidence
  • Evidence of alcohol purchases
  • Bar video
  • Vehicle event data recorder (EDR) data

Suing Bars and Restaurants

Oklahoma allows liability against alcohol vendors holds bars and restaurants liable when they serve alcohol to:

  • Visibly intoxicated patrons
  • Underage drinkers

These vendors and hosts can be sued when their over-service contributes to a drunk driving crash. Dram shop claims add another layer of liability.

Who Can Be Held Liable in a Drunk Driving Crash

  • The impaired motorist
  • Alcohol vendors that overserved the driver
  • Private hosts where minors were served
  • An employer in commercial driver cases
  • The vehicle owner in cases of negligent entrustment

Criminal Prosecution and Civil Claims

These crashes usually trigger both criminal charges and personal injury claims:

  • Criminal court — criminal court handles punishment
  • Personal injury claim — the injured party pursues civil damages

Criminal convictions strongly support civil claims.

Elements of Your Claim

  • Duty — The driver had to operate the vehicle sober and safely.
  • Violation of That Duty — The driver drove while drunk.
  • That the Impairment Caused the Crash — Impairment led to the impact.
  • Concrete Harm — Medical costs, lost income, pain and suffering, and other losses.

Recovery for Victims

  • Past and future medical expenses
  • Long-term care and rehabilitation
  • Lost income and diminished earning ability
  • Vehicle and property loss
  • Physical and emotional suffering
  • The toll on daily life
  • Loss of consortium
  • Wrongful death compensation for surviving family
  • Punitive damages

Punitive Damages in DUI Cases

These cases regularly justify punitive awards because driving drunk is reckless, willful conduct. Punitive damages are available under Oklahoma law to punish and deter similar conduct. Punitive damages add considerable value to drunk driving cases.

Filing Deadline

You typically have two years from the date of the crash to file (Okla. Stat. tit. 12, § 95). Wrongful death claims carry the same two-year limit.

Our Process

We act fast to gather evidence of impairment, work with the criminal case when helpful, investigate dram shop liability — bars, restaurants, and social hosts, secure dram shop evidence, aggressively seek punitive awards, map every available source of recovery, and treat each matter as trial-ready.

Frequently Asked Questions

Q: How do you prove the other driver was drunk?

A: Police reports, BAC tests, witness statements, criminal records, and video.

Q: What does it cost to hire McKay Law?

A: Nothing. We only get paid if we win.

Q: The other driver was charged with DUI — does that help my case?

A: Absolutely. Criminal charges strongly support civil claims.

Q: Can I sue the bar that overserved the drunk driver?

A: Yes, in qualifying cases. Bars and restaurants that serve visibly intoxicated patrons or minors can be held liable.

Q: Can I get punitive damages?

A: Often, yes. These cases regularly support punitive damages.

Q: Should I give the insurance company a recorded statement?

A: Don’t. Call us first.

Q: What if criminal charges are dropped?

A: You can still pursue civil recovery.

Q: What is the deadline to file?

A: 2 years from the date of the crash (Okla. Stat. tit. 12, § 95). Don’t wait — evidence fades and dram shop records may be lost.

Recovering Damages From a Drunk Driver in Moore, OK

Drunk driving crashes kill approximately 10,000 people in the U.S. every year. Drunk driving persists as one of the leading causes of preventable crash deaths. When you’ve been hit by a drunk driver, the framework gives you advantages most personal injury cases don’t. A Moore drunk driving accident lawyer takes full advantage of the framework that makes these cases distinctive.

Why Drunk Driving Cases Are Different From Other Auto Crash Cases

The Per Se Standard

The per se intoxication standard makes proof of impairment dramatically simpler than in most negligence cases.

Drivers above the 0.08 BAC threshold is per se impaired regardless of their actual behavior. No subjective impairment proof needed.

CDL drivers operate under lower thresholds. Drivers under 21 face zero-tolerance limits.

Negligence Per Se

Driving with a BAC above the legal limit is itself a violation of OK traffic law. This makes the breach of duty automatic.

Negligence is established by the violation. The case is much easier to prove.

Routine Evidence Collection

Police routinely test for alcohol after crashes. This produces strong evidence.

Criminal Cases Drive Civil Cases

Criminal DUI charges create parallel cases.

Adjudicated DUI cases can establish negligence as a matter of law in the civil case. Criminal convictions support strong civil cases.

Punitive Damages Almost Always Available

DUI conduct is the classic punitive damages scenario.

The decision to operate a vehicle while drunk frequently warrants exemplary damages.

Punitive damages can substantially increase recovery. In typical drunk driving litigation, punitive recovery can double the case value.

Common Drunk Driving Crash Patterns

Wrong-Way Driving

Wrong-way driving is a classic DUI crash pattern. Wrong-way crashes are among the deadliest patterns.

Single-Vehicle Crashes Into Stationary Objects

Drunk drivers frequently lose control and strike stationary objects. While these don’t always involve other vehicles.

Pedestrian Crashes

Pedestrian deaths involving impaired drivers are overrepresented in the statistics.

Late-Night Crashes

Drunk driving crashes cluster in late-night and early-morning hours.

High-Speed Crashes

Drunk drivers tend to drive faster, creating severe crashes when speed and impairment combine.

Multi-Vehicle Pileups

Drunk drivers cause secondary crashes when other drivers can’t avoid the initial impaired driving happen with disturbing regularity.

Rear-End Crashes

DUI drivers frequently rear-end other vehicles.

Liability Beyond the Drunk Driver

These cases can implicate additional defendants.

Dram Shop Liability — The Bar or Restaurant

Dram shop liability allowing recovery against businesses that served alcohol to obviously intoxicated patrons.

When a commercial alcohol seller served someone clearly intoxicated who subsequently caused the crash, the seller may be held responsible.

Dram shop liability has defined requirements:

  • Alcohol was sold or served
  • To someone who was obviously intoxicated at the time of service
  • The person then drove and caused a crash
  • Producing the harm

Social Host Liability

Non-commercial alcohol service, social host laws apply in some scenarios. OK’s social host rules are jurisdiction-specific.

Employer Liability

If the DUI driver was working at the time of the crash, the employer can face vicarious liability. For off-duty drunk driving, negligent hiring claims may apply where the company had notice of impairment issues.

Bar or Restaurant Employees as Direct Defendants

Individual server liability may face liability.

What Insurance Adjusters and Defense Counsel Argue

“Comparative Fault”

Even with clear DUI liability, defense raises comparative fault. OK’s comparative fault rules may reduce — but typically won’t eliminate — recovery.

“The BAC Test Was Faulty”

Test reliability challenges. The validity of the test results may need to be substantiated.

“Other Factors Caused the Crash”

Defense argues alternative causes come up periodically.

“Punitive Damages Aren’t Warranted”

Attacks on punitive availability.

Critical Steps After a Drunk Driving Crash

Make Sure the Police Investigate Drunk Driving

If you suspect the other driver was impaired, alert law enforcement.

Document Observable Signs of Impairment

Markers of impairment carry significant weight.

Note Statements From the Other Driver

Admissions of drinking provide direct evidence.

Identify Where the Driver Was Drinking

Where the drinking occurred may support dram shop or social host claims. Evidence of where alcohol was served may support additional claims.

Photograph Evidence at the Scene

Evidence visible in or around the vehicle provide direct evidence.

Document Witnesses

Independent observers of the driver’s condition can corroborate impairment.

Get a Police Report

Insist on official documentation.

Track the Criminal DUI Case

Criminal DUI proceedings track the criminal case. Records from the criminal case become valuable civil case evidence.

Get Medical Attention Immediately

Quick medical attention establishes injury timeline.

Don’t Negotiate With the Drunk Driver’s Insurer Without Counsel

Carriers move quickly. Statements without legal advice hurt the claim in lasting ways.

Damages Available

Recoverable losses include the standard categories plus significant enhanced damages:

  • Hospitalization, surgical, and rehabilitation costs
  • Past and future income loss
  • Reduced ability to work
  • Vehicle repair or replacement
  • Pain and suffering
  • Wrongful death and survivor damages
  • Exemplary damages — typically substantial in drunk driving cases

What Drunk Driving Insurance Coverage Looks Like

These cases create distinctive insurance scenarios:

  • Some auto policies exclude coverage for intentional or criminal conduct may apply
  • Drunk drivers are more likely to be underinsured or uninsured
  • Your own uninsured/underinsured motorist coverage becomes critical

Mapping the full insurance picture is essential to maximizing recovery.

Attorney Costs

DUI crash lawyers earn fees only on recovery. Free initial consultations are standard.

Don’t Wait

Drunk driving cases benefit from prompt legal involvement. Witness recollections fade have limited retention windows. Bar records need rapid preservation. DUI criminal litigation create useful records. The legal time limit applies regardless. Engaging counsel right away positions the claim for the full recovery these cases can produce.

McKay Law Is Your Moore Advocate After A Drunk Driving Accident

A drunk driving crash is never an accident in the honest sense of the word — it’s the direct result of a choice someone made to drive when they had no business doing so. Every year, untold numbers of innocent victims are severely injured because a driver made the decision that one more drink, one more round, or one short trip home was worth the risk. What follows is life-altering: traumatic brain injuries, broken spines, internal organ damage, multiple surgeries, months of rehabilitation, and the profound psychological weight of surviving something that should have absolutely not happened. At McKay Law, we handle drunk driving cases with the intensity they warrant. We move quickly to gather BAC results, body cam footage, dash cam recordings, field sobriety test reports, surveillance video from the bar or restaurant that kept pouring for the driver, and witness statements that confirm exactly what happened.

Drunk driving cases often expose additional avenues of recovery beyond the driver’s personal auto policy. Under dram shop laws, the bar, restaurant, or social host that served a clearly intoxicated person may share liability — and those business insurance plans often carry substantial coverage. When you become part of the McKay Law family, we explore every party that set the stage for the crash, and we advance punitive damages where the law allows — because the choice to drive drunk is precisely the type of reckless conduct that punitive damages were built to deter. We pursue complete compensation for emergency airlift and trauma care, surgeries, ICU and hospitalization, ongoing rehabilitation, future medical needs, adaptive technology, lost wages, diminished earning ability, vehicle replacement, the pain, anger, and lasting trauma of surviving a crash like this — and in the most tragic cases, the wrongful death of a family member. Contact us today at (866) 679-9651 or connect with us online to book your free consultation and place a firm that holds drunk drivers completely responsible in your corner.

Video Testimonials

The McKay Law Difference

See why so many others choose McKay Law, PLLC

With over 300 five-star reviews, McKay Law, your local Personal Injury Law Firm has earned the trust and gratitude of our clients. Every case we handle is unique, and every client’s story matters. Don’t just take our word for it—hear directly from our clients about their experiences and why they confidently recommend us to others.

All Our Practice Areas

Scroll to Top