Oklahoma City DUI Accident Lawyer

Key Takeaways from an Oklahoma City DUI Accident Lawyer

• Being hurt by a drunk driver is infuriating, and the law agrees — Oklahoma allows for punitive damages in DUI cases specifically because what the other driver did wasn’t just careless, it was reckless. You may be entitled to more than you think.
• The criminal case against the drunk driver is separate from your injury claim. You don’t have to wait for the courts to do their thing before you start pursuing what you’re owed.
• Even with a DUI on the table, insurance companies still fight these claims hard. Don’t assume the case is open and shut just because the other driver was impaired.
• An Oklahoma City DUI accident lawyer at Polchinski & Smith Personal Injury Lawyers will make sure you get every dollar you’re owed. Call today for a free consultation.

Recognized DUI accident representation for injured clients throughout Oklahoma City.

If you or someone in your family has been injured by an impaired driver in Oklahoma City, the harm goes well beyond the physical injuries themselves. Medical bills, lost income, and the emotional weight of knowing the crash was entirely preventable can create an overwhelming burden. Our Oklahoma City, OK DUI accident lawyer pursues civil claims against drunk and drugged drivers on behalf of the people they injure. Polchinski & Smith Personal Injury Lawyers brings 14 years of combined experience to DUI accident cases and offer free consultations to every prospective client.

DUI Accident Lawyer Oklahoma City, OK

A DUI accident case is a civil claim filed by someone who was injured in a crash caused by a driver operating under the influence of alcohol, drugs, or both. This civil case is entirely separate from any criminal charges the impaired driver may face. The criminal case is prosecuted by the state. The civil case is brought by the injured person seeking financial compensation.

Oklahoma law holds impaired drivers accountable through both systems. A criminal conviction is not required for you to pursue a civil claim, and the standard of proof in a civil case is lower than in criminal court. If another driver’s intoxication caused you harm, you have the right to seek compensation for your medical care, lost wages, and the pain the accident has caused.

Types of DUI Accident Cases We Handle in Oklahoma City

Polchinski & Smith Personal Injury Lawyers represents individuals injured by impaired drivers across Oklahoma City, OK. DUI crashes take many forms, and the injuries they produce are frequently severe. Below are the types of impaired driving cases we handle.

• Drunk driving car collisions. Alcohol-impaired drivers cause thousands of fatal crashes across the country every year. According to NHTSA drunk driving data, nearly 12,000 people were killed in alcohol-impaired crashes in 2024 alone. We represent the victims of these collisions and pursue full compensation from the at-fault driver.
• Wrong-way accidents. Impaired drivers are disproportionately responsible for wrong-way collisions on highways and divided roads. These crashes typically result in head-on impacts at high speeds, producing catastrophic injuries or death.
• Impaired commercial vehicle crashes. A truck driver or delivery driver operating a commercial vehicle under the influence creates an extraordinary level of danger for everyone on the road. Our attorneys investigate whether the driver, the carrier, or both bear liability for the crash.
• DUI pedestrian and cyclist crashes. Impaired drivers are far more likely to fail to notice pedestrians and cyclists sharing the road. These victims have no protective barrier between themselves and the vehicle, and the resulting injuries are often life-altering.
• Drug-impaired driving accidents. Impairment is not limited to alcohol. Prescription medications, marijuana, methamphetamine, and other substances also compromise a driver’s judgment and reaction time. NHTSA drug-impaired data confirms that drug-positive drivers are increasingly prevalent on American roads.
• DUI hit-and-run incidents. An impaired driver who strikes another vehicle or pedestrian and flees the scene compounds the harm. Victims may need to rely on their own uninsured motorist coverage while law enforcement works to identify the driver.
• Repeat offender crashes. Some DUI accidents involve drivers with prior impaired driving convictions. The fact that a driver has been convicted before and chose to drive impaired again can be relevant to the damages available in a civil case.

Why Choose Polchinski & Smith Personal Injury Lawyers as my DUI Accident Lawyer in Oklahoma City, OK?

Experienced Representation in DUI Injury Claims

Andrew Polchinski earned his Juris Doctorate from SMU Dedman School of Law and is licensed to practice in both Oklahoma and Texas.

He is a member of the Oklahoma Bar Association and the Oklahoma County Bar Association, and has tried several jury trials to verdict in personal injury and workers’ compensation matters. Ryan Polchinski has practiced personal injury law in Oklahoma since 2014 and is a member of the Oklahoma Association for Justice. Before turning 30, Ryan had an appellate opinion published by the Court of Civil Appeals of the State of Oklahoma.

Together, the attorneys at Polchinski & Smith Personal Injury Lawyers bring decades of combined experience to DUI accident claims in Oklahoma City and serve as your personal injury lawyer in Oklahoma City, OK. Our attorneys have recovered millions of dollars for injured Oklahomans across a range of accident and injury matters. We handle every case on a contingency fee basis, and you pay no attorney fees unless we recover compensation for you.

What Is Important to Understand About a DUI Accident Case?

Damages, Liability, and Compensation for DUI Accident Cases

Injuries caused by impaired drivers often require extensive, costly medical treatment. Under Oklahoma law, the victim of a DUI crash may pursue several categories of recoverable damages:

• Emergency medical care, hospitalization, surgeries, and long-term rehabilitation
• Future treatment costs when injuries result in permanent impairment or ongoing care needs
• Wages lost during recovery and any reduction in earning capacity caused by the injuries
• Physical pain, emotional distress, and diminished quality of daily life

Oklahoma also permits recovery of punitive damages in certain cases. When a driver’s conduct is found to be reckless or grossly negligent, which drunk or drugged driving often is, the court may award additional damages intended to punish the wrongdoer and discourage similar behavior. These damages are separate from the compensation meant to cover your actual losses.

When a DUI crash causes a death, the victim’s surviving family members may be entitled to pursue a wrongful death claim for funeral costs, lost financial support, and loss of companionship.

Liability in a DUI accident case is established by proving the impaired driver owed you a duty of care, breached that duty by driving while intoxicated, and directly caused your injuries. Oklahoma’s modified comparative negligence rule under 23 O.S. § 13 applies, meaning your recovery is reduced by any percentage of fault attributed to you. If you are found 51 percent or more at fault, you are barred from recovery entirely.

What Are Important Aspects of a DUI Accident Case?

DUI accident claims in Oklahoma City carry distinct considerations that set them apart from standard vehicle collision cases. Understanding these factors early helps protect the value of your claim.

• The civil case moves independently from any criminal prosecution the impaired driver may face. You do not need to wait for a criminal conviction, and the outcome of the criminal case does not control the civil one. However, evidence gathered during the criminal investigation, including blood alcohol concentration results, field sobriety test records, and arrest documentation, can be powerful tools in a civil claim. Preserving access to that evidence early is critical.
• Insurance companies frequently attempt to minimize payouts even in DUI cases where fault is not genuinely disputed. Adjusters may argue that your injuries were pre-existing, that your medical treatment was excessive, or that you contributed to the accident in some way. Giving a recorded statement before consulting an attorney can result in costly errors that are difficult to undo later.
• Oklahoma law allows punitive damages in cases involving willful or grossly negligent conduct. Because driving under the influence inherently involves a conscious disregard for the safety of others, DUI cases often present strong grounds for pursuing this additional category of recovery beyond standard compensatory damages.

What Is The DUI Accident Case Timeline?

DUI accident claims in Oklahoma follow a general sequence, though the timeline varies depending on the complexity of the case, the severity of the injuries, and whether related criminal proceedings are ongoing.

• Initial consultation and case evaluation with a DUI accident attorney
• Medical treatment and documentation of injuries until the client reaches maximum medical improvement
• Investigation, evidence gathering, and full calculation of damages, including any punitive damage claim
• Filing an insurance claim or formal demand and negotiating with the insurer
• Filing a civil lawsuit if a fair settlement cannot be reached through negotiation
• Discovery, depositions, and pretrial preparation
• Trial, if the case proceeds that far

Cases involving clear liability and moderate injuries sometimes resolve within several months. Complex cases, particularly those with disputed damages, severe injuries, or concurrent criminal proceedings, may extend beyond a year.

What Should You Bring to Your DUI Accident Consultation?

Gathering relevant materials before your first meeting with a DUI accident attorney in Oklahoma City helps us evaluate your case promptly and thoroughly.

• The police report, any arrest records for the impaired driver, and documentation of blood alcohol or drug test results if available
• Medical records and bills for all treatment received since the accident, including emergency care, follow-up visits, and any prescribed rehabilitation
• Photographs of the crash scene, vehicle damage, and your injuries, along with insurance policy information for both parties

The initial meeting is free and carries no obligation. We will review the facts, assess the strength of the claim, and explain the steps involved in pursuing compensation.

What Are Important Oklahoma Legal Resources for DUI Accident Cases?

Oklahoma’s DUI accident laws fall under the state’s personal injury statutes and broader tort law framework. The following resources provide useful starting points for understanding how these cases are governed.

• Holiday travel periods see a significant increase in impaired driving crashes across Oklahoma
• Punitive damages may be available in DUI cases under Oklahoma tort law when the at-fault driver’s conduct is found to be reckless or grossly negligent
• The CDC tracks national data on the leading causes of accidental injury and death, including impaired driving
• Oklahoma follows a modified comparative negligence system under 23 O.S. § 13, reducing or barring compensation based on the injured person’s percentage of fault
• The statute of limitations for DUI accident injury claims in Oklahoma is two years from the date of injury, as established by 12 O.S. § 95

Reach Out to Polchinski & Smith Personal Injury Lawyers to Schedule a Consultation

If you have been injured by an impaired driver in Oklahoma City, Polchinski & Smith Personal Injury Lawyers is prepared to evaluate your case and pursue the compensation you deserve. Our Oklahoma City DUI accident lawyer can explain your legal rights and outline the options available to you. We take every case on contingency and charge no attorney fees unless we obtain a recovery on your behalf. Contact us to schedule a free consultation.

DUI Accident Statistics in Oklahoma City

Drunk driving stays one of the most preventable causes of serious crashes, and the numbers have barely moved in years. Nationally, 11,904 people died in alcohol-impaired crashes in a recent year, roughly 30 percent of all traffic deaths, which works out to one death every 44 minutes. Federal health data puts the toll even higher in some years, with 13,524 deaths and about 37 people killed each day in crashes involving an impaired driver. Younger drivers carry much of the risk, and those ages 21 to 24 show the highest impairment rates in fatal crashes. Oklahoma is not spared. State figures from the Oklahoma Highway Safety Office tie a large share of fatal crashes to alcohol and drugs, and detailed federal crash fact sheets show most of these deaths involve a driver well over the legal limit. Oklahoma City, as the state’s largest metro, sees a meaningful portion of those crashes on its streets and interstates.

What Steps Should I Take After a DUI Accident?

The hours after a drunk driving crash are confusing, and what you do affects both your recovery and your claim. You will not get every step perfect, and that is fine. Focus on safety first, then on protecting your rights.

1. Call 911 and report it. Get police to the scene. An official report from a responding officer documents the crash, notes signs of impairment, and creates a record an insurer cannot wave away. Oklahoma requires reporting any crash with injury, death, or property damage over a set amount.
2. Get medical care right away. See a doctor even if you feel okay. Internal injuries and concussions do not always announce themselves. Prompt treatment protects your health and links your injuries to the crash.
3. Document what you can. If you are able, photograph the vehicles, the road, and your injuries. Names and numbers of witnesses matter. So does anything you noticed about the other driver’s condition.
4. Request the crash report. The police report is central evidence in any car accident claim involving alcohol. It often captures field sobriety results and arrest details that strengthen the civil case.
5. Be careful with the insurance company. Adjusters call quickly and sound helpful. A fast, low offer is common, and learning what claims are worth before you respond keeps you from settling short.
6. Watch what you say and post. Avoid recorded statements and social media until you have advice. Casual words get used against you.
7. Talk to a DUI accident attorney. The criminal case against the driver will not pay your bills. A separate civil claim does that, and an early conversation helps preserve evidence before it disappears. Surveillance video and bar receipts, for example, can vanish within days.

Oklahoma City DUI Accident Lawyer FAQs

How long do I have to file a DUI accident claim in Oklahoma City?

Generally two years. Under Oklahoma’s statute of limitations, 12 O.S. Section 95, an injured person has two years from the date of the crash to file a personal injury lawsuit. The deadline applies even when the at-fault driver faces criminal charges. Because evidence fades and the clock does not stop, it is wise to speak with a DUI accident lawyer well before the two years run out rather than waiting on the criminal proceedings.

Is my claim separate from the driver’s criminal case?

Yes, and that distinction matters. The criminal case punishes the driver. It does not put money in your pocket. Your compensation comes through a civil claim, which you can pursue whether the driver is convicted, acquitted, or never charged at all. The two cases use different standards of proof, so even a weak criminal outcome does not close the door on a strong personal injury claim.

Can I recover money if I was partly at fault?

In many cases, yes. Oklahoma uses a modified comparative negligence rule under 23 O.S. Section 13. As long as your share of fault is 50 percent or less, you can still recover, though your award drops by your percentage of responsibility. In a crash with a clearly impaired driver, fault usually rests heavily on that driver, but insurers still try to shift blame, which is worth taking seriously. We answer inflated blame with the physical evidence from the crash itself.

What can I recover after a drunk driving crash?

Compensation covers economic losses like medical bills, future care, and lost income, along with non-economic harm such as pain, emotional distress, and loss of enjoyment of life. Where a death occurred, surviving family may pursue wrongful death claims for funeral costs and lost support. Oklahoma law also allows additional damages in cases involving especially reckless conduct, which impaired driving can qualify as.

What if the drunk driver had no insurance or left the scene?

You may still recover. If the at-fault driver is uninsured or flees, your own uninsured motorist coverage can step in. These claims pit you against your own insurer, whose interests do not match yours, and figuring out who pays for injuries gets complicated fast. A DUI accident attorney can identify every available source of compensation before you accept that there is none.

Who else can be held responsible besides the driver?

Sometimes more than the driver shares blame. A business that kept serving alcohol to a visibly intoxicated person who then drove may bear responsibility under negligence principles. An employer can be on the hook if the driver was working. Drunk drivers also strike vulnerable road users, and the same analysis applies when the victim is one of many motorcycle riders, bicyclists, or pedestrians on Oklahoma City streets.

Do I need an attorney if the driver was already arrested?

An arrest helps your case, but it does not resolve it. The prosecution works for the state, not for you, and a conviction does not award you a dime. To recover for your injuries you need a civil claim, and avoiding several common claim mistakes is easier with a lawyer who handles these cases. The first consultation costs nothing. Bringing in a lawyer early also means evidence from the criminal case can be put to work in your civil claim.

Local Information for Oklahoma City DUI Accident Cases

Impaired driving crashes cluster around the parts of Oklahoma City where nightlife and fast roads meet, especially after dark.

Most Dangerous Locations for DUI Accidents in Oklahoma City

Late-night traffic near entertainment districts and high-speed corridors raises the odds of an impaired driving crash. Drivers and passengers should take extra care around:

• Bricktown and the surrounding downtown core, where bars and restaurants draw heavy weekend crowds
• Western Avenue and the Plaza District, busy nightlife strips with frequent foot traffic
• Interstate 35, Interstate 40, and Interstate 44 after midnight, where impaired drivers and high speeds are a dangerous mix

What Are Important Local Resources for Oklahoma City DUI Accident Cases?

If a drunk driver hurt you or someone you love, these Oklahoma City and statewide contacts can help with reports, care, and support.

• Oklahoma City Police Department Records Unit, (405) 297-1112, for copies of your crash report
• MADD Oklahoma, 1-877-623-3435, for free victim support and advocacy after an impaired driving crash
• OU Health University of Oklahoma Medical Center, (405) 271-4700, the state’s only Level I Trauma Center

Polchinski & Smith Personal Injury Lawyers does not endorse and is not affiliated with any of the organizations listed above. They are provided only as a convenience.

About Polchinski & Smith Personal Injury Lawyers

Polchinski & Smith Personal Injury Lawyers stands with injured Oklahomans and never with insurance companies. Our founding attorneys bring 54 years of combined plaintiff-side experience to drunk driving and other injury claims across Oklahoma City, OK. The firm has secured millions of dollars in case results for clients statewide and is ready to take a DUI accident claim to trial when an insurer will not offer what a case is worth.

What Our Clients Say

★★★★★

“I was really stressed regarding my accident and felt like the insurance company was trying to take advantage of me, but Andrew completely eased my worries. He took the time to explain the whole process from start to finish, including what all the possible outcomes could be. He handled everything so professionally that my stress levels dropped right away. This law firm truly cares about helping their clients and operates with honesty and integrity.”

Kiwana Ivy

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Contact Polchinski & Smith Personal Injury Lawyers

A drunk driver made a choice, and you are living with the consequences. You do not have to face the insurance company on your own. Our Oklahoma City DUI accident lawyer will look at the facts, explain your legal options, and pursue full compensation for your injuries and losses. The consultation is free, and you will get an honest read on your claim from the first conversation. We respond promptly and without pressure, so contact us when you are ready to talk through your DUI accident case.