Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
When the holidays roll around, so do more parties, more travel, and—unfortunately—more accidents. On a recent episode of Good Day Tulsa, Chad McLain from Graves McLain Injury Lawyers discussed the dangers of drunk and distracted driving, particularly during high-risk periods like Thanksgiving and New Year’s. His advice? Make a plan before you get behind the wheel—and know your options if someone else doesn’t.
Oklahoma law says a driver is legally impaired If their blood level of alcohol (BAC) is 0.08 percent or more. But even if you’re under that limit, you could still be too impaired to drive safely—especially if you’re young, have a lower body weight, or drank quickly over a short time.
One drink is defined as 12 ounces of beer, 5 ounces of wine, or 1.5 ounces of distilled liquor. Your body typically processes about one drink per hour, but this rate can vary depending on factors such as age, weight, food intake, and other variables.
Driving under the influence in Oklahoma can lead to criminal charges, license suspension, fines, and jail time. However, the civil consequences—such as causing a serious crash—are often even more devastating.
In Oklahoma, a BAC of 0.08% or higher is considered legally impaired. But even smaller amounts can affect judgment, especially in younger or smaller drivers. — Oklahoma Highway Safety Office
Distracted driving is any action that takes your eyes, hands, or focus off the road. It’s not just about texting. Eating, checking your GPS, talking to passengers, or changing music can all count as distractions behind the wheel.
Oklahoma officially banned texting while driving in 2015, as outlined in Oklahoma Statutes §47-11-901c. Since then, enforcement has increased, but distractions still cause thousands of crashes each year.
In 2016 alone, the Oklahoma Department of Public Safety reported:
In 2016 alone, Oklahoma reported 1,047 crashes caused by electronic distractions—and 11 of them were fatal. — Oklahoma Department of Public Safety
These numbers don’t include other distractions, such as eating, personal grooming, or reaching for items inside the vehicle. These seemingly harmless actions can be just as risky.
Staying safe on the road requires planning—and a bit of self-awareness. If you know you’re attending a holiday party or a dinner where alcohol will be served, plan.
Choose a designated driver or use a ride-sharing service, such as Uber or Lyft. If plans change and you’ve had something to drink, don’t try to guess whether you’re “okay to drive.” Play it safe. Call for help or stay put.
To avoid distracted driving, silence your phone or keep it out of reach while driving. Set your navigation and playlist before you start the car. Finish eating or attending to other personal tasks before hitting the road.
If you’re a parent, talk with your teen about why multitasking behind the wheel is so dangerous—even if they think they can “handle it.”
Mothers Against Drunk Driving (MADD) is a national nonprofit that offers programs aimed at preventing impaired driving and supporting victims. In Oklahoma, MADD hosts victim impact panels, runs youth outreach programs, and partners with law enforcement and local communities for public awareness events.
MADD’s mission is to end drunk driving, help fight drugged driving, support victims of these violent crimes, and prevent underage drinking. — Mothers Against Drunk Driving
Chad McLain and the team at Graves McLain Injury Lawyers support these types of programs and believe that education is one of the best tools for keeping Tulsa families safe.
If a drunk or distracted driver injured you or someone you love, you have the right to pursue compensation. These cases can involve both criminal charges and civil claims.
In a personal injury case, your attorney will gather police reports, witness statements, toxicology results, cell phone records, and other evidence to prove fault. If the driver was impaired or texting at the time of the crash, that evidence can make your case stronger.
Oklahoma follows a “comparative negligence” system. That means you can still recover damages if you’re less than 51% at fault—but your percentage of fault will reduce your compensation.
Oklahoma’s comparative negligence rule means you can recover damages if you’re less than 51% at fault—but your compensation may be reduced. — Oklahoma Statutes §23-13
Common damages in these cases may include medical expenses, lost wages, property damage, and non-economic losses such as pain and suffering. In cases involving extreme negligence, punitive damages may also be available.
Here’s a look at crash data from 2016 to show how both behaviors continue to pose risks.
Type of Incident | Total Crashes | Injuries | Fatalities |
| Drunk Driving (2003–2012 avg) | N/A | N/A | 2,205 |
| Distracted – Electronic Use | 1,047 | 662 | 11 |
| Distracted – Other Causes | 4,157 | 2,490 | 23 |
Oklahoma law sets the legal limit for blood alcohol content (BAC) at 0.08% for drivers aged 21 and over. Lower limits apply to commercial and underage drivers.
Yes. Texting while driving is banned in Oklahoma, and other distractions can lead to citations if they cause erratic driving or crashes.
Yes. Victims of drunk driving crash in Oklahoma can seek compensation through a personal injury claim, even if the driver is also facing criminal charges.
MADD provides victim support, community education, youth programs, and court-ordered victim impact panels across the state.
You may be able to claim medical expenses, lost income, pain and suffering, and, in some cases, punitive damages depending on the circumstances.
If you’re found to be 51% or more at fault, you can’t recover compensation. If you’re less than 51% at fault, Your recovery rate is reduced by the percentage of fault.
The advice shared by Chad McLain on Good Day Tulsa reminds us that safe driving doesn’t happen by accident—it’s the result of thoughtful choices. Whether you’re celebrating the holidays or heading out on an ordinary weekday, driving under the influence or while distracted puts everyone in harm’s way.
At Graves McLain Injury Lawyers, we continue to support efforts that make Tulsa roads safer for everyone. If you’ve been injured by someone who didn’t take the same precautions, we’re here to help you understand your legal rights and think about your options. Next steps. We offer support, not pressure—because that’s what victims deserve.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
