- Home
- Biloxi Car Accident Attorney
- Biloxi Drunk Driving Accident Accident

Any traffic fatality is a tragedy. When that happens because of a drunk driver, it is especially heinous. In Mississippi, drunk driving fatalities accounted for 24% of all fatal crashes in 2022. That left 168 families suffering the loss of a loved one because of an impaired driver, according to data collected by the National Safety Council (NSC). In addition to the most severe accidents caused by drunk drivers, there can also be collisions that wreck your car and cause injuries.
In any of those scenarios, you are entitled to reimbursement for your financial losses and any pain and suffering. To be successful with this type of claim, you’ll want to get guidance from a skilled Biloxi drunk driving accident lawyer. Even though it might be obvious who is at fault, there are still challenges with getting an insurance company to award you the maximum settlement you deserve.
The attorneys at Owen, Owen & Smith, PLLC, have been helping the folks of Biloxi for over 40 years to hold drunk drivers accountable for their actions. We have extensive knowledge of the laws and courts. Most importantly, we know how the insurance companies operate because we’ve negotiated with all of them. If you’ve been in an accident involving a drunk driver, you want to find a fair and fast resolution to help you move on with your life. We can provide the guidance to help you make an informed decision about how to accomplish that goal.
Understanding DUI Laws in Mississippi
Mississippi follows the same driving under the influence (DUI) laws as every other state. A driver is considered to have a DUI when they operate a vehicle while impaired by alcohol or drugs. A blood alcohol concentration (BAC) of 0.08% for adults aged 21 and over is considered legally drunk. However, drivers in Biloxi and the rest of the state can also be charged with a DUI if they exhibit signs of impairment due to alcohol, illegal drugs, or prescription medications, regardless of their BAC level.
This is what qualifies for a DUI Charge:
Signs of Impairment
If a law enforcement office observes a motorist driving erratically, exhibiting a lack of coordination, or other signs of impairment, that could be cited with a DUI even if the driver’s BAC is below the legal limit.
Blood Alcohol Concentration (BAC)
While a BAC of 0.08% or higher qualifies as a DUI for adults, for commercial drivers, the limit is 0.04%. That is the same for drivers under 21. If the police officer detects any amount of alcohol, it can result in a DUI charge.
Substances Other Than Alcohol
The same impairment observations can be caused by a driver being under the influence of any controlled substances, including prescription medications. That can also result in DUI charges.
Failure To Consent
Every driver accepts the concept of implied consent when they are granted a driver’s license in the state. That consent compels a driver to submit to any test a law enforcement officer deems necessary to determine if the driver is under the influence. The tests can be a combination of field sobriety tests, a breathalyzer, and blood or urine testing. If a driver refuses to comply with those tests, they are automatically placed under arrest, and their licenses are suspended.
Civil and Criminal Drunk Driving Cases
A drunk driving accident can trigger two types of courtroom trials. The first is the criminal case. When a driver is arrested on a DUI charge, they need to have that matter resolved in court. An attorney can help them plea down to a lesser charge if there is no property damage or injuries. In a drunk driving accident that damages a car or sends someone to the hospital, it becomes a felony charge. That carries higher fines, jail time, and license suspension.
The other case can involve a civil complaint. If you get into an accident with a drunk driver, you will file a claim with that driver’s insurance carrier. That insurance company could deny the claim or offer a low settlement. The driver might also be underinsured or not have any insurance at all. Your Biloxi drunk driving accident lawyer might recommend filing a civil complaint in those instances.
A civil complaint is a lawsuit. Your attorney will present your version of the accident and the evidence of the impaired at-fault driver. That evidence can include the criminal case results that support the accident’s severity. In a civil trial, a jury will determine the final amount of your settlement.
If you are suing the at-fault driver directly, you might also need to get a court order for them to sell their assets to satisfy their debts.

Speak With a Drunk Driving Accident Lawyer
Recovering Damages in a Drunk Driving Accident Case
Your first involvement with exploring your options for a drunk driving case is to set up a consultation with an attorney at Owen, Owen & Smith, PLLC. At that consultation, you’ll want to know how much your claim is worth. Every case is different, but there are some variables that we’ll take into account. Those include the following economic and noneconomic damages:
- Medical expenses for current and future treatment
- Medical supplies and prescriptions
- Special transportation for treatment
- Hospitalization
- Surgery
- Car repairs
- Car replacement (if applicable)
- Lost wages
- Future earnings
- Pain and suffering
- Mental anguish
In addition to the economic and noneconomic damages, you could be entitled to punitive damages. This is an amount that is typically awarded by a jury and is meant to serve as a punishment for the negligent behavior. In Mississippi, there is a cap limit to punitive damages. That cap is based on the defendant’s net worth. If that net worth is less than $50 million, the cap is 2% of the net worth. If the defendant’s net worth is over $50 million, the cap is $2.5 million.
In drunk driving accidents that result in a fatality, the surviving family can sue for the same category of damages, including punitive damages.
How a Biloxi Drunk Driving Accident Lawyer Supports Your Claim
When you’ve been involved in an accident caused by a drunk driver, you could be facing surgery, physical therapy, and a protracted recovery. There could also be issues with replacing your car. All of that means mounting bills and a drain on your savings. It shouldn’t be that way because of an accident that clearly isn’t your fault. That is when a skilled Biloxi drunk driving accident lawyer can step in to provide support and guidance.
If the attorneys at Owen, Owen & Smith, PLLC agree to take on your case, we can provide various support services. Here’s how we can help.
Gather Evidence
If you were able to take photos of the aftermath of your accident, those will be an important piece of evidence in your claim. There is additional evidence that you might not have easy access to, and we can gather it on your behalf. That evidence includes the following:
- Police crash reports
- Result of the field sobriety tests
- Blood alcohol concentration (BAC) records
- Surveillance videos (if available)
- Witness statements
- Expert testimony
- Medical bills and other proof of medical expenses
Handle All Communication
Once you file an insurance claim, the insurance carrier will conduct their own investigation. That can include reviewing all the evidence you have access to. They will also attempt to interview you for your version of the accident. Your Biloxi drunk driving accident attorney will take over the communications with the insurance company and be present during any interview.
We will also ensure that you meet all the filing deadlines, including Mississippi’s three-year statute of limitations.
Negotiate Financial Compensation
Our Biloxi DUI accident attorneys are skilled negotiators. We understand the resistance that an insurance company will put up to avoid paying a settlement. We are familiar with their tactics and their defense strategies. When we advocate on your behalf, we will always strive to get the maximum amount for your compensation.
File a Civil Lawsuit
If we reach an impasse with the insurance company or the at-fault driver does not have insurance but they have assets, we might advise you to file a civil complaint. This will mean moving the case to a courtroom. We’ll then present your story and how the accident has impacted your life. We will also present the evidence that the driver acted recklessly by driving impaired.
When the lawyers at Owen, Owen & Smith, PLLC, take up your claim, we will keep you informed throughout the process. You will make the final decisions about how to proceed and what to accept. Contact us online to set up a consultation so our Biloxi drunk driving accident lawyer can hear what happened and advise you what should happen next.