April 19, 2025 | Uncategorized
Everybody knows that drunk driving is not only illegal but also reckless and dangerous. Despite the promulgation of federal and state laws, awareness campaigns, and changing societal norms intended to discourage drunk driving, it remains a serious problem across the State of Oklahoma. According to data from Forbes, Oklahoma is the tenth-worst state for drunk driving in the country.
If you were injured by a drunk driver or any driver under the influence of knowingly intoxicating substances (alcohol, marijuana, painkillers, etc.), it is crucial that you retain an attorney in order to understand your next steps and obtain full compensation for your injuries. At McGuire Law Firm, our team of experienced personal injury attorneys can provide you with both the tools and wherewithal needed to best respond to your injury by an intoxicated driver and otherwise obtain fair payment.
I Was Injured in a DUI Accident: What’s Next?
Where a person is injured by a driver under the influence of alcohol (or some other substance known to impair), the facts may support both criminal charges and civil claims under Oklahoma law:
- Criminal Charges:
In Oklahoma, there are numerous crimes punishing drunk drivers, including laws generally punishing driving under the influence (DUI); “access, possession, and control” of a vehicle while under the influence (commonly called an “APC”), or other similar crimes.
These crimes—which do not necessarily involve injuries to another—already carry potentially hefty penalties. Where a drunk driver causes injuries in the course of drinking and driving, such injuries may support additional charges—depending on the severity of the injuries caused, such charges could range from assault and battery to (where death occurs) voluntary or involuntary manslaughter. Obviously, the possible punishments for these crimes can be much harsher than those for, e.g., DUI or APC, wherein no injuries arise.
In addition to suspension of their license, criminal conduct causing injury may come with major fines, costs, and jail time. Only the State may bring criminal charges, and in criminal proceedings arising from your injury by a drunk driver, you may be called as a witness to testify in the same, provide an impact statement, or otherwise appear in Court.
Please note, as the victim of a crime, you have state constitutional rights pursuant to the Victims Bill of Rights, Article 2, § 43, of the Oklahoma Constitution (a/k/a “Marsy’s Law”). These rights include, e.g., the right to be informed in writing of your rights, to be present for all criminal proceedings, and to otherwise be informed of various processes, procedures, and resources for victims.
- Civil Claims:
If you are injured by a drunk or intoxicated driver, you likely have the right to pursue various legal claims, including (potentially) negligence, assault, and battery. And unlike a criminal case—which is focused on deterring further crime, just punishment, and (in some cases) rehabilitation/reform—a civil claim is focused on making you whole, including by covering your medical bills, any lost wages, mental anguish, pain and suffering, etc. Regardless of whether the State intends to bring criminal charges against the drunk driver(s) causing your injury, you must still file a separate action to recover damages.
Please keep in mind that, because the U.S. Constitution and Bill of Rights so emphasize the importance of a criminal defendant’s rights to, e.g., a fair and speedy trial, the prosecution of a criminal case must often be undertaken and completed before the litigation of a civil claim. This does not mean you should wait to file a claim; it simply means that, after filing, you may have to wait for the completion of any criminal proceedings before getting to court. These nuances further demonstrate the need for an experienced attorney to assist you after an injury by a drunk driver.
Should I Hire a Personal Injury Lawyer?
If the driver who hit you was under the influence of alcohol or drugs, you should absolutely hire an experienced personal injury attorney. In any civil personal injury claim (like a claim arising from a drunk driver’s conduct), a lawyer represents your interests and can help you obtain fair and full compensation through the civil justice process. In selecting an attorney, you should look for an Oklahoma attorney (whether you are in Edmond, Guymon, Lawton, Idabel—anywhere across the State) with experience representing accident victims. The attorneys at McGuire Law Firm fit this description and are ready, willing, and able to assist you in any action arising from your injury by a drunk or intoxicated driver.
While your personal injury lawyer will not be involved in the prosecution of any criminal charges against the drunk driver causing your injuries, evidence from the criminal case, such as evidence of a guilty plea or conviction, is relevant to your civil claims. As such, that evidence may be used to strengthen your claims and expedite the fact-finding process.
Contact Our Edmond, OK, DUI Accident Attorney Today
At McGuire Law Firm, our DUI accident and Edmond personal injury lawyers are standing by, ready to help. We are proud to have been on the side of victims and their families for decades, and we continue to represent injured individuals in accidents of all stripes. So, if you were you injured in a DUI crash, we are here to help. No matter your location in Oklahoma—whether you are in Edmond, Lawton, or any small town across one of our seventy-seven (77) counties—please do not hesitate to contact us to schedule a free, no-obligation initial consultation.