If you've been injured by a drunk driver in Missouri, understanding how to prove their intoxication is crucial for maximizing your compensation. Missouri follows the standard 0.08% blood alcohol concentration (BAC) limit for most drivers under § 577.012 RSMo, but commercial drivers (0.04%) and minors (0.02%) face stricter thresholds. However, even if the driver's BAC was below the legal limit, you can still pursue a claim if their impairment contributed to the crash. Missouri's comparative fault rule (§ 537.765 RSMo) allows recovery as long as you're less than 51% at fault—meaning a drunk driver's negligence will heavily weigh in your favor.

Missouri's Legal Definition of Intoxication

Under Missouri law, a driver is considered legally intoxicated if:

1. Their BAC is 0.08% or higher (or lower for CDL/minor drivers).

2. They show visible impairment (slurred speech, poor coordination, erratic driving) even without a BAC test.

3. They are under the influence of drugs (prescription, illegal, or over-the-counter) that affect their ability to drive safely.

Missouri's implied consent law (§ 577.020 RSMo) means drivers automatically consent to BAC testing when they obtain a license. Refusing a breathalyzer or blood test results in an automatic one-year license suspension, and the refusal can be used against them in court.

Key Evidence to Prove the Other Driver Was Drunk

As the claimant, you need strong evidence to establish the driver's intoxication. Here's what to gather:

1. Police Report & Arrest Records

• The accident report will note if the officer suspected DUI (e.g., "smell of alcohol," "bloodshot eyes").

• If the driver was arrested for DUI, obtain the arrest record—this is powerful evidence.

• Check if they failed field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus).

2. BAC Test Results

• Breathalyzer (PBT): Often administered at the scene. Missouri requires these devices to be properly calibrated.

• Blood Test: More accurate but must be done within 2 hours of driving for best validity.

• Urine Test: Less common but may detect drugs.

If the driver's BAC was 0.08% or higher, Missouri law presumes intoxication (§ 577.037 RSMo). Even if it was lower, you can argue impairment based on behavior.

3. Witness Statements

• Passengers in the other car may admit the driver had been drinking.

• Bystanders or bartenders might have seen them drinking before driving.

• Social media posts or receipts showing alcohol purchases before the crash.

4. Surveillance & Dashcam Footage

• Gas station, bar, or traffic cameras may show the driver drinking or swerving.

• Police body/dash cams often capture slurred speech or stumbling.

5. Prior DUI Convictions

• Under § 491.050 RSMo, prior DUIs may be admissible to show habitual negligence.

Steps to File a Claim Against a Drunk Driver in Missouri

1. Seek Medical Attention Immediately

• Document all injuries—Missouri allows full compensation for medical bills, lost wages, and pain & suffering.

2. Contact a Missouri Personal Injury Lawyer

• A lawyer can subpoena bar receipts, cell phone records, and toxicology reports.

• They'll negotiate with the drunk driver's insurance company, which may try to downplay intoxication.

3. File an Insurance Claim

• Missouri is an at-fault state, meaning you can sue the drunk driver directly.

• If they lack insurance, your uninsured motorist (UM) coverage may apply.

4. Consider a Dram Shop Claim

• Under § 537.053 RSMo, you can sue the bar or restaurant that over-served the driver if they were visibly intoxicated before driving.

5. Prepare for Trial (If Necessary)

• Missouri juries heavily penalize drunk drivers, often awarding punitive damages (§ 510.265 RSMo).

• Your attorney can bring in expert witnesses (toxicologists, accident reconstructionists) to prove impairment.

Unique Missouri-Specific Strategies

• Check for Open Alcohol Containers: Missouri prohibits open containers in vehicles (§ 311.720 RSMo). Finding one strengthens your case.

• Request the 911 Call Transcript: Dispatchers often note if callers report a drunk driver.

• Look for "Driving While Revoked" (DWR) Charges: If the driver had a prior DUI-related suspension, this shows willful disregard for safety.

Maximizing Your Compensation

• Economic Damages: Medical bills, lost wages, property damage.

• Non-Economic Damages: Pain & suffering, emotional distress.

• Punitive Damages: Missouri allows these to punish gross negligence (e.g., extremely high BAC or prior DUIs).

Conclusion: Holding the Drunk Driver Accountable

Proving the other driver was legally drunk in Missouri requires thorough evidence collection, knowledge of state laws, and aggressive legal advocacy. By securing police reports, BAC tests, witness statements, and expert testimony, you can build an airtight case against the drunk driver. If you've been injured, consult a Missouri personal injury attorney immediately—they'll ensure you receive the maximum compensation under Missouri law.