St. Louis DUI Accident Lawyer

Trusted DUI accident lawyers with over 10 years of experience.

DUI accident claims in Missouri arise when an impaired driver causes a crash that injures another person. The civil case proceeds independently of the criminal proceeding against the driver, and evidence developed in the criminal case (including breath and blood test results, field sobriety tests, and police observations) can support the civil claim. Missouri law allows recovery for compensatory damages and, in cases involving impaired driving, may support punitive damages on top of the standard recovery.

Schmittgens Injury Law Firm represents people injured by drunk and impaired drivers across St. Louis. Our founder Rob Schmittgens has handled DUI accident claims for ten years. Schedule a consultation with a St. Louis, MO DUI accident lawyer at no cost.

DUI Accident Lawyer St. Louis, MO

DUI accident cases involve two issues that do not arise to the same degree in standard auto claims. The first is the parallel criminal proceeding. Missouri’s driving while intoxicated statute makes it a criminal offense to operate a vehicle while in an intoxicated condition, and the criminal case produces evidence (BAC results, arrest reports, witness statements, body camera footage) that the civil attorney can request and use to support liability. The second is the availability of punitive damages. Impaired driving is the type of reckless conduct that can support a claim for punitive damages on top of compensatory recovery, and Missouri’s procedural rules govern when and how those damages can be requested.

Types of DUI Accident Cases We Handle in St. Louis

DUI accident claims arise from many crash patterns and involve many different impairing substances. The case strategy depends on the type of impairment, the severity of the crash, and the available evidence from the criminal investigation. The case types below reflect the matters we encounter most often for clients in the St. Louis area.

• Alcohol-impaired driver crashes. Crashes caused by drivers operating with a BAC at or above Missouri’s 0.08 percent legal limit are the most common DUI accident pattern. The criminal case typically produces breath or blood evidence usable in the civil case.
• High-BAC enhanced cases. Missouri imposes enhanced criminal penalties when the at-fault driver’s BAC is 0.15 percent or higher and additional enhancements at 0.18 percent or higher. The civil damages presentation often parallels the aggravating factors used in the criminal case.
• Drug-impaired driver crashes. Missouri’s DWI statute does not distinguish between alcohol and drug impairment. Crashes caused by drivers under the influence of marijuana, prescription medications, or controlled substances are pursued under the same framework.
• Repeat offender crashes. Crashes caused by drivers with prior DWI convictions support enhanced criminal charges and can support punitive damages claims when the prior convictions show a pattern of reckless conduct.
• Hit and run DUI crashes. Drivers who flee the scene of a DUI accident face additional criminal liability and may be pursued under both at-fault carrier coverage (when later identified) and the injured party’s uninsured motorist coverage.
• DUI pedestrian accidents. Pedestrians struck by impaired drivers frequently sustain catastrophic and fatal injuries because of the absence of any protective barrier between the body and the vehicle.
• DUI motorcycle accidents. Riders struck by impaired drivers often suffer severe injuries, and impaired driving evidence supports both the negligence claim and any punitive damages request.
• Dram shop and social host claims. Missouri’s dram shop statute provides limited civil liability against bars and restaurants that serve visibly intoxicated patrons or minors, and these claims can supplement the recovery against the driver.
• Fatal DUI crashes and wrongful death actions. Surviving family members may bring wrongful death claims when an impaired driver causes a fatal crash, with available damages including punitive recovery.

Why Choose Schmittgens Injury Law Firm for DUI Accident Cases in St. Louis, MO?

Plaintiff-Side DUI Accident Experience

Founder Rob Schmittgens has spent ten years representing plaintiffs in motor vehicle injury matters, including crashes caused by impaired drivers. He earned admission to the Missouri Bar in 2016 and the Illinois Bar in 2017, with practice rights in the Eastern District of Missouri. Before founding Schmittgens Injury Law Firm, Rob handled personal injury and workers’ compensation claims at several area firms, working cases from intake through final resolution. When we serve as a client’s personal injury lawyer in St. Louis, our experience across the broader injury practice informs our approach to liability investigation, criminal record review, and negotiation strategy in DUI accident cases.

Rob graduated with honors from Quincy University in 2013 and earned his J.D. from the UMKC School of Law. He maintains active memberships in the Missouri Association of Trial Attorneys, the Illinois Trial Lawyers Association, and the Bar Association of Metropolitan St. Louis (BAMSL).

Contingency Fee Representation

DUI accident matters at our firm are handled on a contingency fee basis. We do not require retainers or hourly billing, and we advance the costs of investigation, criminal record requests, deposition transcripts, and court fees on behalf of our clients. Our firm has secured millions of dollars recovered for clients across the cases we have handled. If we do not produce a recovery, no fees are owed for our time.

Understanding DUI Accident Cases

Damages, Liability, and Compensation for DUI Accident Cases

Damages in DUI accident cases include the standard Missouri personal injury categories along with punitive damages where the driver’s conduct meets the statutory threshold. The criminal case against the driver does not preempt the civil claim; the two proceed on parallel tracks, and the criminal record is admissible evidence in the civil case once a conviction is entered.

Common categories of DUI accident recovery include:

• Medical expenses, including emergency care, surgery, hospitalization, and rehabilitation
• Lost wages and reduced future earning capacity
• Property damage to vehicles and personal belongings
• Pain and suffering, inconvenience, and emotional distress
• Long-term care costs in cases involving permanent injury
• Loss of consortium for spouses
• Punitive damages where the driver’s impaired conduct meets the statutory threshold for an aggravated negligence finding

Liability in DUI accident cases turns on negligence, and Missouri applies pure comparative fault to allocate responsibility. A claimant found 25 percent at fault still recovers 75 percent of established damages. Carriers in DUI cases typically extend less aggressive fault arguments against the injured party because impaired driving evidence weighs heavily against the driver. Punitive damages in Missouri require clear and convincing evidence of conduct showing a complete indifference to or conscious disregard for the safety of others, and impaired driving frequently meets that threshold.

Important Aspects in Your DUI Accident Case

Several practical and procedural realities affect DUI accident claims. Recognizing them at the outset preserves evidence and supports the punitive damages presentation.

• The criminal case proceeds independently of the civil case but produces evidence usable in the civil claim
• BAC results, breath and blood test records, and field sobriety test results should be requested through formal discovery
• Insurance adjusters for the at-fault carrier represent the carrier’s interests, even when the driver was clearly impaired
• Many auto insurance policies exclude coverage for criminal acts, but most retain coverage for negligent operation that incidentally involves impairment
• Dram shop claims against alcohol providers are subject to specific statutory requirements and shorter notice periods
• Missouri’s five-year statute of limitations governs filing deadlines for personal injury claims, including DUI accident cases

The criminal court file becomes available at different points in the proceeding. Some records are accessible immediately after arrest, others only after charging or conviction. Coordinating civil discovery with the criminal case timeline preserves important evidence.

DUI Accident Case Timeline

DUI accident claims generally follow a case timeline similar to other motor vehicle injury cases, with additional steps related to coordinating with the criminal proceeding.

• Initial consultation, scene investigation, and criminal record monitoring
• Active medical treatment until maximum medical improvement is reached
• Records and bills collected, criminal records requested, demand letter prepared
• Demand letter submitted to the responsible carriers
• Negotiation with the insurance carrier, generally 30 to 90 days
• Filing suit if negotiations stall or available limits are insufficient
• Discovery, depositions, and mediation, followed by trial or settlement

Resolution timelines vary substantially. Cases involving long-term disability, fatal injuries, or punitive damages claims often run more than a year, and some are stayed temporarily to await the outcome of the criminal proceeding when key evidence is at issue. Settlement before treatment is fully complete frequently results in a recovery below the case’s actual value because future care needs remain undocumented.

What to Bring to Your DUI Accident Consultation

The following materials, when available, allow for more efficient case evaluation at your initial consultation.

• The crash report, or the report number for ordering a copy
• Any information about the criminal charges filed against the driver
• Photographs of the vehicles, the scene, and any visible injuries
• Insurance information for every party involved, including your own auto policy declarations page
• Medical records and bills you have received
• The names and contact information of any witnesses

Documents not available at the time of the meeting can be requested on your behalf after we are retained. Initial consultations are at no cost and typically run for approximately one hour. You will leave with a candid assessment of the claim, including its strengths, the likely defenses, and a realistic range for the case’s value.

Missouri Legal Resources for DUI Accidents

Missouri’s DUI framework involves both criminal statutes governing impaired driving offenses and civil provisions governing recovery against impaired drivers and alcohol providers. The resources below are commonly referenced in DUI accident cases.

• Missouri’s driving while intoxicated statute defines the criminal offense of operating a vehicle while in an intoxicated condition and sets out penalty enhancements based on prior offenses, BAC level, and harm caused.
• Missouri’s excessive blood alcohol content statute provides the per se BAC offense at 0.08 percent or higher.
• Missouri’s dram shop statute provides limited civil liability against alcohol providers who serve visibly intoxicated patrons or minors who later cause injury.
• The Missouri State Highway Patrol maintains crash records and enforces impaired driving laws on state roads, highways, and interstates.
• National impaired driving data published by the NHTSA tracks fatality and injury trends related to alcohol- and drug-impaired driving.

These resources reflect general rules and available data. The value of any individual case depends on the specific facts of the crash, the driver’s impairment evidence, the medical evidence, and the carrier involved.

Reach Out to Schmittgens Injury Law Firm to Schedule a Consultation

Schmittgens Injury Law Firm represents people injured by impaired drivers in St. Louis and across eastern Missouri. We will examine the police report, monitor the criminal case, request the BAC and field sobriety records, and provide an honest assessment of whether your case supports both compensatory and punitive recovery. Initial consultations are provided at no cost, and our representation is on a contingency basis.

DUI Accident Statistics in St. Louis, MO

A crash caused by an impaired driver is rarely a minor one, because a driver under the influence reacts late and often hits hard. Impaired driving remains a major share of the deaths on American roads. The National Highway Traffic Safety Administration recorded 12,429 alcohol-impaired-driving deaths in 2023, which is about 30 percent of all traffic fatalities and one death every 42 minutes.

Those numbers count only the fatal crashes, and many more people are injured each year by drivers who had been drinking or using drugs. In St. Louis, MO, impaired-driving crashes cluster at night and on weekends, around entertainment districts and the highways leading out of them. When an impaired driver injures someone, the injured person can bring a civil claim for their losses, separate from whatever happens in the driver’s criminal case.

What to Do After a Crash With an Impaired Driver in St. Louis

A crash involving a suspected impaired driver creates evidence that a routine fender-bender does not, and protecting it early helps the claim. The steps below matter in the hours and days afterward.

• Call the police and say what you noticed. Tell the officers if the other driver seemed impaired, slurred their speech, or smelled of alcohol. Those observations, and any testing the officers do, become part of the record an attorney can later use.
• Get medical care right away. Crashes with impaired drivers tend to be high-impact, and some injuries are not obvious at first. Prompt treatment protects your health and connects your injuries to the crash.
• Photograph the scene if you can. Pictures of the vehicles, the damage, the road, and your injuries preserve detail that fades. This evidence supports your account of how the crash happened.
• Collect information and witness contacts. Get the other driver’s details and the names and numbers of anyone who saw the crash. A witness who saw the driver’s condition before the crash can be valuable later.
• Keep track of the criminal case. If the driver is charged, that case proceeds separately from your injury claim, but the two are connected. Note any charges and court dates, since records from the criminal case can support your civil claim once they become available.
• Do not give the driver’s insurer a recorded statement yet. Even when the other driver was clearly at fault, their insurer protects its own interests. Report the crash to your own company, but wait to speak with a lawyer before giving a detailed statement to the other side.

St. Louis DUI Accident Lawyer FAQs

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

Yes. The state prosecutes the driver for the impaired-driving offense, while your claim is a civil matter seeking to recover your losses. The two run on separate tracks, though evidence from the criminal case can help prove your civil claim once it becomes available.

Do I have to wait for the criminal case to finish?

Not always, but the timing often overlaps. Some evidence from the criminal case becomes available early and some only later, so a lawyer coordinates your claim with that process. Waiting too long, though, risks losing other evidence, so it is best to start your claim promptly.

What if the impaired driver fled the scene?

A crash with an impaired driver who leaves is handled much like any other hit and run, with your own uninsured motorist coverage often providing recovery. Note any detail about the vehicle, and look for witnesses or cameras that may have captured it.

Who pays for my injuries?

Usually the at-fault driver’s auto liability insurance, the same coverage at issue in a car accident claim. If that driver was uninsured or carried too little coverage, your own policy may apply. The impairment generally strengthens the case for the driver’s responsibility.

How long do I have to file a claim?

Missouri allows most injury claims five years from the date of the crash under section 516.120. Even with that window, the evidence that supports these cases is easier to secure early, so it is better not to wait until the deadline is close.

Does the driver’s impairment make my claim stronger?

It can. A driver who was impaired was behaving in a way that makes responsibility for the crash easier to establish, and insurers tend to argue less aggressively about fault when impairment is documented. The injuries and losses still have to be proven, but the liability picture is often clearer.

What if I was partly at fault?

Missouri uses pure comparative fault, so being found partly responsible reduces your recovery by your share rather than barring it. In crashes involving an impaired driver, the bulk of the responsibility usually rests with that driver, but the facts still control how fault is divided.

What injuries are common in these crashes?

Because impaired-driving crashes are often high-speed, the injuries tend to be serious: fractures, internal injuries, spinal damage, and brain injuries. These can require extended treatment, and some effects of a head injury are not apparent right away.

Should I talk to the insurance company?

You can report the crash, but be cautious about a recorded statement to the at-fault driver’s insurer. Adjusters often call early, and a statement given before you know the extent of your injuries can be used to reduce what you recover. You can decline and speak with a lawyer first.

Will my DUI accident case go to trial?

Most resolve through settlement once treatment stabilizes and the injuries are documented. A case is more likely to head toward court when the insurer disputes the value of a serious injury, and even many of those settle before reaching a jury.

What is my DUI accident case worth?

It depends on the severity of the injuries, the treatment ahead, lost income, and the insurance available. Crashes with impaired drivers often cause serious injuries, which raises the stakes, but a reliable figure has to wait until the medical records are complete.

What does a DUI accident lawyer cost?

The first consultation is free, and these cases are handled on a contingency fee. The fee comes out of any recovery, and there is no fee if there is no recovery, so you can pursue the claim while focusing on your treatment.

Local Information for St. Louis DUI Accident Cases

Crashes involving impaired drivers in St. Louis often happen at night near entertainment districts and on the highways around the city. After a crash, a police report, medical care, and the records from the driver’s criminal case tend to matter most, and the contacts below come up often.

Important Local Resources for St. Louis DUI Accident Cases

The contacts below pertain to crash reports, court records, and medical care. This information is provided as a reference only and does not constitute an endorsement of our firm.

• St. Louis Metropolitan Police Department, to report or obtain a crash report: (314) 231-1212
• Missouri State Highway Patrol, for crashes on highways: (573) 526-6113
• 22nd Judicial Circuit Court (City of St. Louis), for criminal case records: (314) 622-4405
• Barnes-Jewish Hospital, regional trauma care: (314) 747-3000

About Schmittgens Injury Law Firm

Schmittgens Injury Law Firm represents people injured by impaired drivers across St. Louis. Rob Schmittgens founded the firm so that the injured client works directly with the lawyer handling the claim rather than through support staff. In crashes involving an impaired driver, where the civil claim and the criminal case move in parallel, that means one attorney tracking both and gathering the evidence from the start.

What Our Clients Say

★★★★★

“A drunk driver ran a light and totaled my car, and I was hurt badly enough to miss weeks of work. Rob handled everything, kept up with the criminal case, and dealt with the insurance company so I could focus on healing. He was honest and responsive the whole way, and the result was better than I had hoped. I am grateful I called him.” — Brian Sullivan

Read more reviews on our Google Business Profile.

Contact Schmittgens Injury Law Firm

A crash caused by a drunk or drugged driver usually leaves you dealing with two things at once: your own recovery and a criminal case you have no control over. Rob Schmittgens can take the second one off your plate and build the civil claim around it. He will request the records that come out of the driver’s prosecution, line them up with your medical treatment, and tell you honestly what the claim looks like. Consultations are free, and the fee comes only out of what we recover. Contact our firm to speak with a St. Louis DUI accident lawyer about your claim.