Missouri drunk driving laws are in place to punish drunk drivers and deter future misconduct. Depending on how drunk someone was, if they have had previous violations and other factors, penalties can range from a moderate fine to mandatory prison time.
However, when a drunk driver injures someone else, simply punishing the driver is not enough. People injured in a drunk driving accident need to be compensated for their injuries. To do so, they can file a personal injury claim against the driver's insurance company or in civil court. While the principles of duty of care, negligence and damages apply to drunk driving accident cases the same way they do to any injury claim, there are other laws and legal principles and precedents specific to drunk driving claims.
The Ultimate Guide to Missouri Drunk Driving Accident Laws in Personal Injury Claims
Negligence Per Se
"Per se" in Latin means "intrinsically," "in itself" or "by itself." Negligence per se is a legal doctrine that anyone who violates a statute or law is automatically liable for the damage they cause as a matter of law. Drunk driving is obviously illegal under Missouri law, and it violates Missouri Revised Statute §577.010. When we sue drunk drivers, we file a separate negligence per se charge.
Typically in personal injury claims, you have to prove that the defendant owed you a duty of care, negligently breached that duty and that their negligence directly contributed to your injuries. In a drunk driving claim, you only have to show that the driver was drunk and that the accident caused your injuries.
Dram Shop Laws
A "dram shop law" is a law that allows people to make a claim against a licensed alcohol vendor if they served someone who caused their injuries alcohol beforehand. Missouri generally prohibits using individuals from suing bars or restaurants, however Missouri Revised Statute §537.053 allows for two exceptions:
- That the patron was "visibly intoxicated," which Missouri defines as being so drunk that "impairment" is shown by:
- Significantly uncoordinated physical action, or
- Significant physical dysfunction
- That the bar or restaurant served alcohol to someone who was under 21
In order to win a Dram Shop case, you and your drunk driving accident lawyer will have to prove that:
- The restaurant, bartender, and/or server either knew or should have known the customer was too drunk or under the age of 21. The person having a blood-alcohol content above .08 percent is not enough by itself to prove the vendor did anything wrong.
- The customer they over-served directly caused injury or death that was the direct result of their intoxication. If they damaged your car, but no injury was incurred, the bar or restaurant is not liable.
Dram shop laws are essential if your damages exceed the at-fault driver's policy limits.
Limitations of the Missouri Dram Shop Law
Claims can only be made against licensed alcohol vendors who sell alcohol that is meant to be ingested on their premises. Meaning, usually, a bar or restaurant. You cannot sue a grocery store or liquor store for your injuries. Unlike other states, Missouri does not have "damage caps" for dram shop claims.
Social Host Liability in Missouri
Some states have what is referred to as "social host liability," where someone who throws a private party, or allows a friend to get drunk in their home, can be held liable. Missouri is not one of those states, even if the person who caused your crash was visibly intoxicated or the social host knew they were under the age of 21.
Punitive Damages
Punitive damages are not included in most personal injury claims. They are meant to punish the defendant for egregious recklessness and deter future misbehavior. In most cases, such as being injured by someone who was texting and driving, or slipping after a store failed to clean up a wet spot, punitive damages do not apply as the behavior is not wanton, intentional or egregiously reckless.
However, you may be able to pursue punitive damages after a drunk driving accident. Under Missouri Revised Statute §510.261, you can recover punitive damages if you prove:
by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.
A skilled car accident lawyer will be able to convince a court that drunk driving, especially if their blood-alcohol content was far over the .08 limit, presents a flagrant disregard for the safety of others.
Punitive damages must be approved by the court, and can only be awarded if you also recovered compensatory damages. Under Missouri Revised Statute §537.675, the state has a right to allocate up to 50 percent of your punitive damages award to the Tort Victims' Compensation Fund.
How a Criminal Drunk Driving Case Affects a Civil Case
If you were injured by a drunk driver, assuming the police were called, that driver was arrested and is facing criminal charges. However, the criminal case and your civil suit are two entirely different processes with different codes and laws guiding them. In a criminal case, the state is prosecuting the drunk driver. In a civil case, you are negotiating with an insurance adjuster to give you the full compensation you are owed.
The burden of proof in civil cases, called a preponderance of the evidence, is much lower than the "beyond a reasonable doubt" standard in criminal trials. While a criminal defense lawyer may be able to raise issues with the police report or doubts about the breathalyzer test to get their client's case thrown out, those tactics do not work in civil cases. All you need to prove is that it is "more likely than not" that the defendant was drunk. Pictures of them being arrested by police, or a video of their behavior, is likely more than enough proof.
Similarly, a drunk driver does not have to be found guilty in a criminal case in order to be liable for your damages. While a criminal conviction would be a great negotiating chip to use against the insurance company, the outcome of their criminal case, whether they are found guilty or not, has no direct effect on your claim.
Another difference is the application of the Fifth Amendment of the United States Constitution. The amendment allows defendants, in both criminal and civil cases, to refuse to answer questions. In a criminal case, their silence cannot be used to infer guilt. However, the United States Supreme Court ruled in Baxter v. Palmigiano, 425 U.S. 308 (1976) that you can infer liability if someone pleads the fifth in a civil case.