Contact Us for a Free Consultation 816-221-0382
Contact Us for a Free Consultation

Drunk Driving Attorney in Kansas City

If you've been hurt in a crash caused by a drunk driver, you might feel panic, and the situation might overwhelm you. Medical bills, lost wages, pain, and stress all accumulate quickly. No amount of money will ever erase what happened, and it's unfair that you're the one left with trauma. But in Missouri, as in most states, the law steps in to hold drunk drivers accountable. While it can't turn back time, the compensation you receive can give you the support you need to start moving forward with your life.

At BautistaLeRoy LLC, we've been standing up for the victims of drunk driving accidents in Kansas City since the 1990s. We know how unfair it feels to suffer because of someone else's reckless choice. Our drunk driving accident lawyers are here to fight for your rights, handle the legal battles, and make sure your story is heard.

Call us today at 816-221-0382 or visit our Contact Us page to set up a free consultation.

Drunk driving crashes don't just cause injuries. They create serious financial and emotional challenges. Victims often face medical bills, lost income, vehicle damage, and long-term recovery needs. Our laws in Kansas City, Missouri, allow you to seek compensation for these losses. In many cases, punitive damages may also apply to hold the drunk driver fully accountable. When someone gets behind the wheel intoxicated, they put every driver, passenger, and pedestrian in danger. And oftentimes, victims are left carrying the financial and emotional weight of it all. That's where we step in.

At BautistaLeRoy, we dig into the details, gather evidence, and build a strong case to hold drunk drivers accountable. Whether your damages involve hospital bills, lost income, or the pain of losing someone you love, we fight to secure the compensation you need and deserve.

 

Why Choose BautistaLeRoy for Your Drunk Driving Accident Case?

Proven Results. For more than three decades, we've helped victims of drunk driving accidents recover millions in verdicts and settlements. We know how to build strong cases against reckless drivers and, when needed, take matters to trial. When your health, finances, and future are at stake, we fight with everything we've got.

Client-First Approach. Dealing with the aftermath of a drunk driving crash can feel overwhelming—doctor visits, lost income, insurance headaches. That's why we keep the legal process clear and manageable. Our team stands with you every step of the way, making sure you never feel left in the dark.

No Win, No Fee. You shouldn't have to stress about legal costs on top of everything else. With us, you pay nothing unless we win your case. We carry the risk so you can focus on healing and moving forward.

For over 30 years, BautistaLeRoy LLC has been a trusted advocate for injured clients throughout Kansas and Missouri. We've stood up to negligent drivers, insurance companies, and even the toughest defense teams. To us, every drunk driving case is personal—because we know lives are forever changed by one reckless decision.

Awards & Recognitions

Law Firm of the Year – Asian American Bar Association of Kansas City (AABAKC) (2018)

José M. Bautista—Missouri & Kansas Super Lawyers (2013–2024)

José M. Bautista—Kansas City Top 50 Super Lawyers (2014–2024)

Andrew S. LeRoy—Missouri & Kansas Super Lawyers  (2014–2024)

Andrew S. LeRoy—Kansas City Top 50 Super Lawyers (2019)

Featured in Kansas City Business Journal and Missouri Lawyers Weekly for legal excellence and high-value case outcomes

 


Best of the Bar Logo
Asian American Bar Association of Kansas City Logo
American Association for Justice Logo
Super Lawyers Logo
AV Preeminent Peer Rated for Highest Professional Excellence 2016
Top Companies In Kansas City Injury Lawyers Logo
Best Lawyers Logo

Notable Recent Case Results

$8,000,000 – Rasmussen v. Bojo's Bar

$1,500,000 – Train Crossing Collision

$500,000 – Car Wreck Settlement

$650,000 – Nursing Home Neglect Case

 

Understanding Drunk Driving Laws in Missouri

Drunk driving occurs when a person gets behind the wheel after consuming alcohol in excess of the legal limit, which results in them being unable to drive safely. It's not just a lapse in judgment. It's a dangerous act that endangers lives. Missouri laws recognize this and treat drunk driving as a serious crime, with strict penalties designed to punish offenders and protect the public.

 

What Drunk Driving Means and Its Legal Consequences

Drunk driving happens when someone drives after drinking too much alcohol and can't safely control their car. It's more than just poor judgment. It puts lives at risk. The laws in Missouri treat drunk driving as a serious crime, with tough penalties meant to hold drivers accountable and keep the public safe.

 

The Blood Alcohol Concentration (BAC) Limit

In every drunk driving case, the focus is on how much alcohol is in the driver's system. In Missouri, the legal limit for most drivers is 0.08%. For commercial drivers, the limit is even lower at 0.04% because driving bigger vehicles carries more responsibility. For drivers under 21, the standard is tougher still at 0.02%. That's such a small amount that even a single drink can put a teenager over the limit.

Missouri law does not allow room for excuses. If a driver is over the legal alcohol limit, it's automatically breaking the law and are considered to be driving while intoxicated. But even if they test below the limit, they can still be charged if it's obvious they weren't able to drive safely.

 

DWI vs. DUI

In some states, DUI is different from DWI (Driving While Intoxicated). In Missouri, the law usually treats both alcohol- and drug-related impairments as the same offense and uses the term DWI for both.

  • Driving with excessive BAC (0.08% or higher): The driver is presumed to be intoxicated. Even if physically, the driver looks “fine.”

  • Driving while intoxicated (any impairment): Driving while intoxicated can still apply even if a driver's BAC is below 0.08%. If alcohol, drugs, or both make them unsafe behind the wheel, they can be charged.

For victims, this is important. A driver doesn't have to be over the legal limit to be considered intoxicated. If their drinking played a role in the crash, the law can hold them responsible.

 

Penalties for Drunk Driving Offenses

The law comes down hard on drunk drivers, and the consequences are becoming more severe with each offense or when aggravating circumstances are involved.

First-Time Offenses

Even a first conviction carries weight. Fines, possible jail time, license suspension, mandatory alcohol education, and high insurance rates can be imposed against the drunk driver. One night of drinking can create years of consequences.

Repeat Offenses

Repeat drunk driving offenses are treated by the courts very seriously. Longer suspensions, harsher fines, ignition interlock devices, and extended jail sentences are some of the penalties for a repeat offense. Judges and prosecutors rarely show leniency to repeat offenders.

Aggravating Factors

If drunk driving leads to a crash, an injury, or a death, the punishment is much more serious and can mean felony charges. The penalties are also tougher if a child is in the car or if the driver's alcohol level is very high. These are not just traffic issues—they are crimes that can have life-changing consequences.

 

Why Drunk Driving by Commercial Drivers Is Especially Serious

Truckers, bus drivers, and delivery drivers are subject to higher safety standards in Missouri. The legal limit for commercial drivers is 0.04%, compared to 0.08% for regular drivers. 

The law is strict for a reason. And that's basically because when someone is operating a massive truck or bus, even a small amount of alcohol can cause devastating accidents.

A drunk driving conviction for a Commercial Driver's License (CDL) holder can lead to:

  • A 1-year ban from driving commercial vehicles, even if the offense happened in a passenger car

  • Lifetime disqualification after a second offense

  • A permanent mark on their driving record.

For victims, this matters. A drunk driving crash caused by a CDL driver doesn't just break criminal law. It shows a violation of the strict trust placed in professional drivers. When that trust is broken, it strengthens the case for victims to recover full and fair compensation for their injuries, losses, and trauma.

At BautistaLeRoy, our drunk driving accident lawyers fight to hold commercial drivers and their employers accountable when alcohol-related negligence changes lives forever.

Driver Category

Legal BAC Limit

Penalties for First Offense

Additional Consequences

Regular Drivers (21+)

0.08% or higher

Up to 6 months in jail, up to $1,000 fine, license suspension (90 days)

Possible ignition interlock device, higher insurance rates

Commercial Drivers

0.04% or higher

Same as above, but stricter enforcement due to the professional license

Loss of commercial driving privileges, employment impact

Underage Drivers (Under 21)

0.02% or higher

Up to 6 months in jail, fines up to $500, license suspension (90 days)

Possible delay in getting a full license, repeat offenses lead to harsher penalties

 

Why This Matters for Victims

For victims and their families, understanding these laws isn't just about what consequences will  a drunk driver may face, but it's also about knowing your rights as a victim. When someone chooses to drive under the influence of alcohol and causes harm, the law recognizes the need for accountability. Victims may be entitled to compensation for medical bills, lost income, rehabilitation, pain and suffering, property damage, and, in tragic cases, wrongful death.

In Kansas City, Missouri, courts may also allow punitive damages and extra financial penalties aimed at punishing such reckless behavior. These damages send a strong message: drunk driving is not tolerable, and victims deserve justice beyond simple reimbursement.

Our Drunk Driving Accident Attorneys at Bautista LeRoy stand by victims of drunk driving accidents to ensure that these laws work in their favor. We fight to hold drunk drivers and their insurers fully accountable, so victims and their families have the resources they need to rebuild their lives.

 

Drunk Driver Settlements

In Missouri, drunk driving settlements can provide victims with the financial support they need to recover and move forward after a crash.

 

What Settlements Mean in Drunk Driving Cases

For victims and their families, these laws are not only about what happens to the drunk driver. They're also about protecting your rights. When someone drives drunk and hurts others, the law holds them responsible. Victims may be able to get money for medical bills, lost income, rehab, pain and suffering, property damage, and, in the worst cases, wrongful death.

A settlement won't undo what happened, but it can help families recover and ease the financial strain caused by someone else's reckless decision.

 

What Affects the Settlement Amount

No two drunk driving cases are the same, and the value of a settlement depends on the following factors:

  • Severity of injuries. The bigger the injury, the bigger the impact on your life. A broken bone might heal, but permanent disabilities or life-changing injuries usually mean higher compensation because the damage lasts forever.

  • Medical expenses and future care. Settlements aren't just about the hospital bill you've already seen. They also cover surgeries, physical therapy, medications, or even lifelong care if that's what you need.

  • Lost wages and earning capacity. If the crash keeps you from working or limits the kind of work you can do in the future, that lost income is factored into your settlement. It's about making sure you're not left struggling financially.

  • Pain, suffering, and emotional toll. Not every loss shows up on paper. Trauma, stress, anxiety, and the way your quality of life changes after a crash all play a role. The law recognizes that emotional scars matter too.

  • Punitive damages. In drunk driving cases, the court may go a step further. They can award extra money not just to help you, but to punish the reckless driver and send a message to others: this behavior won't be tolerated.

 

Beyond the Drunk Driver: Missouri's Dram Shop Law

In Missouri, the law recognizes that it isn't always just the drunk driver who is at fault. Under Missouri's Dram Shop Law, certain bars and restaurants can also be held accountable. The law was designed to stop alcohol-related crashes by placing responsibility on businesses that over-serve alcohol.

A business can be responsible if:

  • They served alcohol to someone under 21, and that person caused an accident; or

  • They served alcohol to someone who was clearly drunk, and that person then caused harm while driving.

This law only applies to bars and restaurants that serve drinks—not liquor stores or private parties.

Proving a bar or restaurant is at fault can be tricky. You need to show that the server knew the person was visibly drunk. That's why acting quickly is so important. Collecting evidence, getting witness statements, and saving surveillance footage are all key to holding these businesses responsible.

 

Drunk Driving Accident Statistics

Drunk driving isn't just a bad decision. It's a serious threat to everyone on the road. The numbers tell the story: every day, people's lives are shattered by crashes caused by someone who chose to drink and drive.

 

National Drunk Driving Stats

According to the NHTSA, every day, drunk driving takes lives because someone drunk is behind the wheel. In the United States, about 34 people die daily in crashes caused by drunk driving. That means a person is gone every 42 minutes. In 2023, 12,429 lives were cut short because of driving under the influence of alcohol. What makes it even more devastating is that these tragedies were entirely preventable.

In the same year, 1,019 children under the age of 14 were killed in motor vehicle crashes across the United States. Unfortunately, 253 of those children, or 1 out of 4, lost their lives in alcohol-impaired driving crashes.

Looking closer at those numbers, more than half of these children (150) were passengers riding with an impaired driver. Another 89 people were riding in other vehicles when struck by drunk drivers, while 41 were pedestrians, bicyclists, or others outside a vehicle. 

The risks also vary by vehicle type. In 2023, alcohol-impaired drivers in fatal crashes included 26% of motorcycle riders, 24% of passenger car drivers, 20% of pickup drivers, and 4% of large truck drivers. Each percentage point represents lives lost to a choice that could have been avoided.

 

Missouri Drunk Driving Stats

Drunk driving continues to take a heavy toll in Missouri, and the numbers tell a painful story. The state ranks number 15 in the U.S. for alcohol-related crash deaths, with 4.7 lives lost per 100,000 residents. In 2023 alone, 290 people were killed in drunk driving crashes, making up nearly a third of all traffic fatalities across Missouri. This accounts for 196 deaths, or nearly 68% of the total. What's even more troubling is that most of these tragedies involved drivers with a blood alcohol content of 0.15 or higher, well above the legal limit. 

These are more than just statistics. They represent lives cut short, families grieving, and communities changed forever. What makes it harder to accept is knowing that every single one of these deaths could have been prevented. And with drunk driving fatalities in Missouri increasing by 2.5% since 2012, the need for safer choices and stronger awareness has never been clearer.

 

What to Do If You Are Hit by a Drunk Driver in Kansas City, Missouri

Getting hit by a drunk driver is one of the most overwhelming situations anyone can face. In a matter of seconds, your life can change unexpectedly, leaving you with injuries, medical bills, car damage, and a million questions about what to do next. The steps you take right after the crash are critical, not only for your health but also for protecting your rights.

  1. Get to Safety and Call 911

Your safety comes first. If you're able, move to a safe spot and call 911 immediately. Report the accident and let the dispatcher know if you suspect the other driver is under the influence. Police reports are crucial in drunk driving cases because they serve as official documentation of what happened.

  1. Seek Medical Attention Right Away

Even if you think your injuries are minor, always get checked out by a doctor. Some injuries—like concussions, internal bleeding, or whiplash—don't show symptoms right away but can become serious later. Having medical records also helps link your injuries directly to the accident.

  1. Gather Evidence at the Scene

Take photos of the vehicles, the road, your injuries, and anything else that might be important, if you can. Get contact information from witnesses and note down details about the driver. Evidence collected at the scene can make a huge difference in proving liability later.

  1. Don't Talk to the Other Driver's Insurance Company Alone

After the crash, the drunk driver's insurance company may reach out quickly, hoping to settle fast and for less than you deserve. Don't give a statement or accept any offer before speaking with an attorney. Their goal is to save money and not to protect you.

  1. Call an Experienced Drunk Driving Accident Lawyer

Dealing with the aftermath of a drunk driving crash is overwhelming, especially when you're trying to heal. An experienced attorney can step in, handle the insurance companies, gather evidence, and fight for the compensation you need for medical bills, lost wages, and the emotional toll of the accident.

 

Why Hiring the Right Drunk Driving Accident Attorney Matters

Being hit by a drunk driver is unfair, and no amount of money can erase what happened. But holding the driver accountable can ease the financial and emotional burden so you can focus on healing.

If you or a loved one has been hit by a drunk driver in Kansas City, Missouri, or anywhere in Missouri, BautistaLeRoy LLC is here to help you every step of the way. Call us today at 816-221-0382 or visit our Contact Us page to schedule a free consultation. 

At BautistaLeRoy LLC, our Kansas City Drunk Driving Accident Attorneys focus on protecting people in situations just like yours. We don't take shortcuts, and we know how to challenge the evidence against you to get you the best possible outcome.

 

Key Takeaways

Drunk driving accidents aren't just numbers on a page—they destroy lives. The choices of one reckless driver can leave families in Missouri and Kansas facing medical bills, lost income, emotional trauma, and a long road to recovery. When someone drives under the influence, they aren't just breaking the law—they're breaking trust, and the consequences ripple through the community.

If you or a loved one has been hurt by a drunk driver, you deserve more than empty apologies. You deserve justice. You deserve compensation that covers your medical costs, lost wages, pain, suffering, and the full impact of the accident. And you deserve an attorney who will stand with you, push back against insurance companies, and fight for every dollar you're owed.

At Bautista LeRoy LLC, we've spent decades helping families across Kansas City, Missouri, and beyond. We know the tactics insurance companies use to undervalue claims or delay payouts after drunk driving accidents. We know how to gather the evidence, build a strong case, and make sure your voice is heard. You don't have to face this alone.

 

Take Action Today

Every moment counts. Waiting can make it harder to preserve evidence, track witnesses, and protect your rights. The sooner you take action, the stronger your case. Our experienced attorneys at BautistaLeRoy LLC will review your case, explain your options in plain language, and work tirelessly to hold both the drunk driver and their insurance company accountable.

Bautista LeRoy LLC is an outstanding firm with competent, dedicated, and professional lawyers and staff who truly care about obtaining the best results for clients.  They are both communicative and professional every step of the way.  Thanks Bautista LeRoy!

- KP

Just a more recent update to my previous review. We recently interacted with Bautista Leroy again 4 years later and they were even better this time. :)

I recommend Bautista Leroy to anyone needing a personal injury attorney. They have helped me out twice and I have been pleased with the outcome both times.

- MC

We've helped countless clients recover what they are rightfully owed, whether through negotiation, arbitration, or in court. Call us today at 816-221-0382 or visit our Contact Us page to schedule a free consultation. Your fight for justice starts here, and we'll be with you every step of the way.

 

About Bautista LeRoy LLC – Personal Injury & Drunk Driving Accident Attorneys

Founded in 2011, Bautista LeRoy LLC has become a trusted advocate for victims of drunk driving accidents, personal injury, and insurance disputes across Missouri, Kansas, Arkansas, and Illinois. With offices in Kansas City and the St. Louis Metro area, our attorneys provide personalized, hands-on representation for every client.

Bautista LeRoy | Personal Injury Attorneys in Kansas City Missouri


Every case we take gets our full attention. We fight hard to get results, from settlements in the thousands to millions of dollars, and we've earned the trust of clients who know we never back down. When your life has been upended by someone else's reckless choices, we're here to help you get the justice and compensation you deserve.

 

Frequently Asked Questions

  1.  What should I do if I am involved in a drunk driving accident?

If you are involved in a drunk driving accident, ensure everyone's safety first. Call emergency services to report the accident, seek medical attention if necessary, and exchange information with the other party. Document the scene with photos and gather witness statements. It is also advisable to contact a drunk driving accident attorney to discuss your legal options.

  1. What if I were partially at fault in the accident?

If you were partially at fault in a drunk driving accident, you may still be able to recover compensation. Missouri operates under a comparative negligence system, which allows you to receive damages reduced by your percentage of fault. Consulting with an attorney can help clarify your rights.

  1.  Will I have to go to court for a drunk driving accident case?

Not necessarily. Many drunk driving accident cases are settled out of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, your attorney may recommend pursuing the case in court to seek the compensation you deserve. 


Summary

Drunk drivers have been a huge problem on the road for years. These careless motorists can impact the lives of many people. When a drunk driving vehicle accident happens, it can cause severe injuries to both parties. In the worst cases, it can result in the death of the victim. Clearly, causing these tragedies due to being impaired by alcoholic drinks can have legal consequences.

Victims and their families can take legal action to seek accountability and recover damages that they have suffered. The attorneys at Bautista LeRoy LLC have been serving Kansas and Missouri for years. Our legal team has represented numerous clients in their personal injury cases related to drunk driving accidents. We have the resources and connections with other experts to investigate the incident thoroughly and gather pieces of evidence, so that we can recover:

  • Medical expenses
  • Future care
  • Lost wages
  • Pain, suffering 
  • Emotional trauma
  • Property damage
  • Wrongful death losses

The steps that you take after a drunk driving accident can have a huge effect on your health and the outcomes of the case you file against the reckless driver. Prioritize these actions:

  • Call 911
  • Get medical care
  • Document the scene
  • Avoid quick insurance settlements
  • Consult a personal injury attorney

For trusted guidance and personalized services, reach out to Bautista LeRoy LLC, so that we can help you move forward after a catastrophic accident.

 

What Steps Should I Take After A Drunk Driving Accident?

If you are still able, taking these actions after an accident can save your life and rights:

  • Check for injuries 
  • Call emergency services
  • Get medical attention
  • Record the incident scene
  • Report the incident to the authorities

Can I File a Lawsuit Against The Drunk Driver?

Absolutely, you have every right to take legal action, especially if the accident caused you significant damage, such as severe injuries. 

How To Determine Fault?

In a drunk driving accident, you must show that the driver who caused the crash is truly impaired by alcohol. Pieces of evidence need to be assessed to ensure the success of a case and prove negligence:

  • Police reports
  • Breath or blood tests 
  • Witness statements

How Long Do I Have To File A Claim?

You must file a claim as soon as possible to meet the legal deadline called the statute of limitations. 

Do I Need The Guidance Of An Attorney?

Yes, because drunk driving accident cases can easily turn into a complicated process. A personal injury attorney can protect your rights and meet the legal deadline.

Contact Us Today

Bautista LeRoy LLC is located in Missouri, providing representation for Catastrophic Injury Cases, including Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, and Medical Malpractice. Contact us today to schedule an appointment.

Menu