Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
Drunk driving crashes are more common than most people realize—and far more devastating. From broken bones and brain injuries to permanent losses and wrongful death, these accidents leave families struggling with medical bills, missed work, and emotional pain. In cities like Tulsa and Oklahoma City, these cases continue to rise, especially around major holidays.
If a drunk driver injured you, you have the right to seek justice through a civil claim. Here’s what you need to know about your legal options in Oklahoma.
In Oklahoma, it is illegal to operate a motor automobile whose blood alcohol content (BAC) is 0.08% or higher. A driver may also face charges if under the influence of drugs or if their ability to drive is impaired—even if their BAC is below the legal limit.
In Oklahoma, drivers are considered legally impaired with a blood alcohol content (BAC) of 0.08% or higher. – Oklahoma Statutes Title 47 § 11-902
If a drunk driver causes an accident, they may face both criminal and civil consequences. The state handles criminal charges. A personal injury lawsuit, on the other hand, is filed by the injured person to recover damages for what they’ve lost.
In rare cases, dram shop liability may apply if a bar or restaurant provides a drink to an obviously drunk person and that individual causes a crash. While Oklahoma’s dram shop laws are limited, they can be important in some claims.
Accidents involving alcohol often occur at high speeds or with little warning. Victims can suffer severe, sometimes life-changing injuries. These include:
Oklahoma law allows victims to seek economic damages, such as medical bills and lost wages, as well as non-economic damages for pain, suffering, and loss of quality of life.
In some cases, punitive damages may also apply. These are awarded to punish especially reckless behavior, such as driving with a high BAC or repeat DUI offenses.
Victims of drunk driving accidents in Oklahoma may be eligible for punitive damages in cases of extreme negligence or reckless behavior. – Oklahoma Civil Jury Instructions.
Taking the proper steps after a crash can protect your health and your legal case. First, call 911 and get police to the scene. Their report will document the driver’s behavior and whether they appeared intoxicated. If possible, take photos of the scene, your injuries, and any visible alcohol containers in the other vehicle.
Seek medical attention immediately, even if injuries seem minor at first. Some symptoms take hours or days to appear. Follow all medical instructions and keep records of treatment.
Get contact information for witnesses and ask for a copy of the police report when it’s ready. Your attorney will use this evidence to support your claim. Finally, remember that Oklahoma has a two-year deadline to file a personal injury lawsuit.
The statute of limitations for personal injury in Oklahoma is two years from the date of the accident. – 12 O.S. § 95
Filing a claim after a drunk driving accident isn’t always straightforward. You may be dealing with more than one insurance company. You may also face pressure to accept a quick settlement that doesn’t cover all your losses.
A personal injury attorney helps by:
The goal isn’t just to get a settlement—it’s to pursue fair compensation that reflects your injuries and what you’ve lost.
Drunk driving is a statewide concern, but Tulsa and Oklahoma City each face their challenges. The table below compares DUI crash data in the two cities based on the most recent year available.
Metric | Tulsa | Oklahoma City |
| DUI-Related Crashes | 645 | 712 |
| Fatal DUI Accidents | 27 | 31 |
| Alcohol-Impaired Driving Arrests | 842 | 1,135 |
| Peak DUI Crash Months | December, July | December, July |
If you decide to file a personal injury claim, your case will typically go through a few stages:
Most DUI crash claims settle out of court. However, if the other side refuses to offer fair compensation, your attorney may file a lawsuit and represent you in trial.
Time is critical. The longer you wait, the harder it becomes to collect accurate evidence or witness statements.
Yes. Criminal charges do not prevent you from filing a civil personal injury claim for damages caused by the drunk driver.
You may be eligible for medical bills, lost wages, pain and suffering, and possibly punitive damages in severe or reckless cases.
Yes. The statute of limitations is generally two years from the date of the accident under Oklahoma law.
You may still recover compensation through your uninsured motorist coverage. A lawyer can help you explore these options.
Insurance companies often offer low settlements. A lawyer can help you understand your rights and maximize your recovery.
Oklahoma follows a comparative negligence rule. You can still recover damages if you’re less than 51% at fault, but your compensation may be reduced.
Drunk driving accidents are preventable, yet they continue to harm innocent people every year in Tulsa, Oklahoma City, and across the state. If you’ve been injured by someone who chose to drive under the influence, you have the right to hold them accountable through a personal injury claim.
Knowing what steps to take—and having an experienced legal team on your side—can make all the difference. Graves McLain Injury Lawyers helps victims pursue the compensation they need to move forward.
If you’re ready to discuss your case, contact us to learn how we can help. The consultation is free, and you won’t owe anything unless we recover for you.
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.
