O’Fallon, MO

Drunk Driving Accident Lawyers O'Fallon, MO

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Drunk Driving Accident Lawyers in O'Fallon, MO. We all have a obligation to each other to heed the rules of the road and prioritize each other's safety. When another person gets behind the wheel when they're drunk, they're making a terribly self-centered and thoughtless decision. If you or a family member was hurt as a result of that decision, you have a right to seek justice in the form of a financial recovery. Motor vehicle wrecks and the injuries that come with them are always unanticipated, and the financial consequences from medical expenses and lost wages are instantaneous and profound. Halvorsen Klote's O'Fallon, MO drunk driving accident lawyers have devoted their careers to giving the injured and vulnerable in Missouri and Southern Illinois the same high standard of legal advocacy that large corporations have. If you were injured because someone made the awful decision to drive drunk, call HK Law today at 866-382-4167 or contact us online.

Drunk Driving Accident Lawyer O'Fallon, MO | Auto Accident Law Firm | Personal Injury Lawyer Near O'Fallon

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Drunk Driving Statistics | O'Fallon, MO Drunk Driving Accident Lawyers

Though drunk driving fatalities have declined 45 percent since 1982, there are still far too many people on the O'Fallon, MO roads who jeopardize others by drinking and driving. When they do and hurt you, the O'Fallon, MO drunk driving accident lawyers of Halvorsen Klote will fight on your behalf to ensure they are held accountable and you collect the maximum compensation you need to be made whole again.

According to the National Highway Traffic Safety Administration, 28 people are killed each day in drunk driving collisions, which adds up to one fatality every 52 minutes, and over 10,000 people a year. According to data from the Centers for Disease Control and Prevention, in both Illinois and Missouri, 2.2 percent of drivers acknowledged driving after drinking too much within the previous month. The annual cost associated with drunk driving wrecks nationwide adds up to over $44 billion.

The Missouri Traffic Safety Compendium reports that in 2021 alcohol and drug impaired driving contributed to 4,027 motor vehicle accident injuries and 287 deaths, 8 percent and 28 percent of the state's total auto collision injuries and deaths, respectively.

The Illinois 2020 Crash Facts states that 19.7 percent of the 1,088 fatal wrecks in the state could be contributed to alcohol. Of 448 drivers who perished and were tested for alcohol, 37.1 percent tested positive.

If you've been hurt by a drunk driver in O'Fallon, MO, call HK Law's drunk driving accident lawyers today at 817-51-HKLAW.

What Are the Drunk Driving Laws and Penalties in My State? | O'Fallon, MO Drunk Driving Accident Lawyers

In both Missouri and Illinois, it is against the law for somebody to drive or be in ”actual physical control” of a motor vehicle:

  • With a BAC of more than .08
  • While impaired by alcohol
  • While under the influence of alcohol, intoxicating compounds, drugs, or a combination thereof to the point that a person is rendered unable to drive safely

The two states differ somewhat in terms of consequences:


  • First offense: Up to half a year in jail, fines not exceeding $1,000, a license revocation of 30 days and potentially having an ignition-blocking breathalyzer placed on your vehicle.
  • Second offense: Up to 1 year in jail, fine of up to $2,000, a license revocation of 1 year and the ignition interlock device placed on your vehicle for a minimum of 6 months.
  • Third offense: Up to 4 years in jail, fine no greater than $10,000, a license revocation of 10 years and the the ignition interlock device placed on your vehicle for at least 6 months.


  • First offense: Up to 1 year in jail, fines not exceeding $2,500 and a license revocation of 1 year.
  • Second offense: A range of 5 to 364 days in prison, fines no greater than $2,500 and a license revocation of 5 years.
  • Third offense: A range of 10 days to 7 years in prison, fines not exceeding $25,000 and a license revocation of 10 years.

Although it's a good thing that there are harsh penalties for people who drive drunk, criminal penalties don't help you get compensation for your damages. Once in a while, drunk drivers can avoid a criminal conviction or plead guilty to a lower charge. The O'Fallon, MO drunk driving accident lawyers of Halvorsen Klote will still be able to hold them to blame in your civil case and get you a full financial recovery for your damages.

Below are some useful links and FAQs from your HK Law Drunk Driver Accident Lawyers in O'Fallon, MO:

Drunk Driving Accident Attorneys O'Fallon, MO | Auto Accident Law Firm | Personal Injury Attorney Near O'Fallon

Who is Liable for My Injuries? | O'Fallon, MO Drunk Driving Accident Lawyers

While a drunk driver is demonstrably liable for your damages according to the negligence per se doctrine, there might be other people who are at fault. Missouri and Illinois both have what we call dram shop laws, through which your drunk driving accident lawyers can help you hold a restaurant, or other licensed alcohol vendor liable. Again, the statutes are a little different in each state:


Under Missouri Revised Statute §537.053, your drunk driving accident lawyers must prove two things in order to be successful a dram shop case:

  1. If the drunk driver was "visibly intoxicated," which means they exhibited:
    • Considerably uncoordinated physical behavior
    • Substantial physical dysfunction
  2. If the bar or their employee was aware of the fact that or "should have known" that the patron was under the age of 21

Revised Statute §537.053 also stipulates that a BAC of over .08% by itself is not prima facie, or legally sufficient to prove fault. You and your drunk driving accident lawyers will have to show the bar or restaurant and their employees saw physical impairment, such as:

  • Falling down
  • Slurring when they talk
  • Tipping over their drink
  • Knocking objects over
  • Considerably impaired motor movements


Illinois's Dram Shop Law is unusual in that the person who injured you did not need to be "visibly intoxicated" in order for a vendor to be to blame. 235 ILCS 5/6-21, the Illinois Liquor Control Act, permits someone hurt by a drunk driver to make a claim against a licensed liquor vendor if:

  • A vendor-patron relationship existed, meaning you can demonstrate that the bought alcohol at that specific restaurant.
  • You can show that the alcohol sold by the vendor was a factor the drunk driver's intoxication.
  • You can show that the driver's intoxication was the proximate cause of your damages.

Each year, the Illinois Office of Comptroller is obliged to set liability maximums for Dram Shop cases. As of January 20, 2022 those maximums are:

  • $77,787.30 for each individual incurring damages
  • $95,073.37 per person when an injury or death resulted in either loss of support or loss of society.

What Compensation Can I Collect? | O'Fallon, MO Drunk Driving Accident Lawyers

The recovery you collect will depend on the significance of your injuries and the skill of your drunk driving accident lawyers. When you hire Halvorsen Klote, we'll fight to win you the best possible financial recovery for:

Economic damages, including:

  • Lost wages for time spent off work recovering
  • Lost earning potential if your injuries cause a disability that doesn't allow you to carry out the tasks of your job anymore
  • Medical bills, including
    • Emergency room bills
    • Subsequent doctors visits
    • Surgeries
    • Physical rehabilitation
    • Prescriptions
    • In-home medical care
    • Assistive devices such as wheelchairs or necessary upgrades to your home
    • Future approximated medical costs, such as further physical therapy or medication, or replacement costs for assistive devices or joint replacements
    • Transportation costs to and from medical care
    • Property damage, such as damage to your vehicle

Noneconomic damages, for instance:

  • Pain and suffering
  • Mental anguish
  • Inconvenience
  • Physical impairment
  • Disfigurement
  • Loss of capacity to enjoy life
  • Loss of consortium

The O'Fallon, MO drunk driving accident lawyers of Halvorsen Klote have the experience, persistence, and legal talent required to secure you the best possible compensation that you are owed.

Other cases we take in O'Fallon, MO are:

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O'Fallon, MO Drunk Driving Accident Lawyers | Halvorsen Klote

You should not have to pay because somebody else made a selfish decision, and you do not have to navigate this difficult time by yourself. The O'Fallon, MO drunk driving accident lawyers of Halvorsen Klote are understanding, skilled, and experienced in holding drunk drivers responsible in O'Fallon, MO for their careless behavior. We keep you informed throughout the entire legal process, and give you every piece of information you require to make the best decision for you and your family. Call the O'Fallon, MO drunk driving accident lawyers of HK Law today at 866-382-4167 or contact us online.

Joel Halvorsen

Joel Halvorsen

Attorney at Law

Joel Halvorsen and his partner Greg Klote founded the Halvorsen Klote law firm on the principle that injured people and their families should have access to the same quality legal representation as large insurance companies.

Greg Klote

Greg Klote

Attorney at Law

Greg Klote is a partner and founder of Halvorsen Klote.

Greg has successfully fought for people who were injured through no fault of their own. He became a lawyer to help make a difference in the lives of those who have been wronged and treated unfairly.

Samantha Orlowski

Samantha Orlowski

Attorney at Law

Samantha Orlowski is a practicing attorney Halvorsen Klote.

Samantha joined Halvorsen Klote in 2018 as a law clerk and has since become a practicing attorney. Sam's number one priority is to provide individualized experiences for each client to achieve the best results.