Drunk driving crashes remain a serious cause of traffic deaths and severe injuries in the United States.
NHTSA currently reports that about 32 people die every day in drunk-driving crashes in the United States, and 11,904 people died in alcohol-impaired-driving crashes in 2024.
Missouri data also shows the continuing risk: in 2024, substance-impaired driving contributed to 143 deaths and 705 serious injuries statewide.
For injured people in St. Louis, a drunk driving crash may involve more than the driver’s criminal case.
A criminal conviction can support a civil claim, but the injured person still must prove fault, causation, damages, and available insurance coverage.
These crashes may involve rear-end impacts, intersection collisions, pedestrian injuries, or head on collisions, depending on how the impairment affected the driver’s conduct.
A civil claim may rely on the crash report, BAC evidence, officer observations, witness statements, medical records, and documentation of economic and non-economic losses.
Drunk Driving Laws in Missouri
Missouri generally refers to impaired driving as driving while intoxicated, or DWI.
In an auto accident involving suspected impairment, police officers may document the driver’s BAC, field sobriety evidence, toxicology results, officer observations, witness statements, and other facts showing whether the driver was impaired.
The criminal DWI case and the civil injury claim are separate.
A criminal charge or conviction may support the civil case, but an injured person still must show that the intoxicated driver caused the crash and that the crash caused compensable harm.
Important Missouri DWI rules include:
- Legal limit: Missouri’s legal limit for most drivers is 0.08% blood alcohol concentration, or BAC.
- Lower BAC evidence: A driver may still face consequences below 0.08% if other evidence shows impairment.
- Underage drivers: Drivers under 21 may face alcohol-related consequences at a BAC of 0.02% or higher.
- Civil claim after injury: A person hit by a drunk driver may pursue damages for medical bills, lost wages, future medical care, pain and suffering, and other losses supported by the evidence.
- Separate legal tracks: The criminal case focuses on punishment and public safety, while the civil claim focuses on compensation for injuries and financial losses.
- Penalties: DWI penalties vary based on BAC, prior offenses, crash severity, and whether the driver caused serious injury or death.
Dealing With Multiple Liable Parties
In some drunk driving accident cases, the intoxicated driver may not be the only party reviewed for liability.
Missouri “Dram Shop Law“ allows claims against certain alcohol sellers in limited circumstances, including cases involving service to a person under 21 or to a visibly intoxicated person.
These claims are fact-specific and can be difficult to prove.
Other liability issues may arise when commercial drivers cause a drunk driving crash while working.
In those cases, a lawyer may review whether the driver was in the course of employment, whether the employer had relevant safety policies, and whether commercial insurance coverage applies.
If a crash involves a drunk driver, a business that served alcohol, an employer, or multiple insurance policies, a personal injury lawyer can identify all potential recovery sources before settlement discussions begin.
Since the repeal of the original Missouri Dram Shop Act, the state has followed the common law that serving alcohol is not the proximate cause of injuries caused by intoxicated persons.
However, there are exceptions:
- A person licensed to sell intoxicating liquor by the drink for on-premises consumption can face a lawsuit if they served alcohol to someone under 21 years of age, or to a visibly intoxicated person, and this action can be proven with clear and convincing evidence.
- A person is considered “visibly intoxicated” if they display significant physical impairment or dysfunction. Blood alcohol content alone is not sufficient to establish visible intoxication but can be used as relevant evidence.
- The law does not allow individuals who voluntarily become intoxicated (and are over 21) to seek recovery for injuries. This restriction also applies to their dependents, personal representatives, and heirs.
- In cases involving minors, a seller’s liability can be assessed based on whether they checked for and were shown a genuine ID that falsely indicated the minor was of legal drinking age.
- Employers are prohibited from firing employees who refuse to serve alcohol to visibly intoxicated persons.
This law creates specific circumstances under which sellers of alcoholic beverages can be held legally responsible for injuries or deaths caused by individuals to whom they have served alcohol.
