Oklahoma House Passes Bill Holding Drunk Drivers Accountable for Child Support of Victims

In March 2023, the Oklahoma House of Representatives passed legislation that would grant courts the right to order anyone convicted of drunk driving/driving under the influence of an intoxicating substance to pay child support if the child’s parent or guardian was killed in a resulting crash. The duty to pay child support would last until the child turns 18 or graduates high school. The bill is unusual because it combines essentially a criminal penalty and a family law remedy.

According to Fox 25 in Oklahoma City, House Bill 2130 was authored by Rep. John George, R-Newalla. Rep. George stated that the law is necessary because driving under the influence affects more than just the life of anyone who dies in a car accident. He hopes the bill will deter future drivers from driving and drinking.

HB 2130 allows the court to determine what is “reasonable and necessary” in terms of payments, considering factors like the child’s financial needs and resources as well as reasonable work-related childcare expenses of the surviving parent or guardian. The bill, known as Bentley’s Law, is named after a boy named Bentley whose parents were killed by a drunk driver. The bill and other bills throughout the country were initiated by Bentley’s grandmother Cecilia Williams.

The bill is set to be reviewed by the Oklahoma Senate.

How dangerous is drunk driving?

According to the Oklahoma Highway Safety Office, there were 524 crashes due to alcohol,  causing 26 fatalities and 23 serious injuries – in Tulsa in 2021. The Oklahoma Highway Patrol monitors mostly rural roads while the police monitor roads in municipalities. Statewide, there were 2,869 drunk-driving crashes resulting in 175 deaths and 172 serious injuries.

Serious injuries may include traumatic brain injuries, spinal cord damage, burns, traumatic amputation, and broken bones.

What are the consequences for driving while intoxicated in Oklahoma?

In Oklahoma, it is illegal to drive, operate, or be in control of a vehicle if the person:

• Has a blood alcohol content (BAC) level of .08 or higher within two hours after the arrest – as determined by a breath or blood test. That statute also applies if the driver is:

• • Under the influence of alcohol;
  • Has any amount of a Schedule I chemical or controlled substance “in the person’s blood, saliva, urine or any other bodily fluid at the time of a test administered within two (2) hours after the arrest of such person;”
  • Is under the influence of any intoxicating substance other than alcohol (or the combined influence of alcohol and any other intoxicate substance) – which may render such person incapable of safely driving or operating a motor vehicle.

The penalties for violation of this law (other than the possible order to pay child support discussed above) are:

• The defendant will be guilty of a misdemeanor, for a first offense.
• The convicted person will be ordered to participate in an alcohol and drug substance. assessment and evaluation and follow the recommendations made in that review.
• The defendant will be sentenced to jail for not less than 10 days and not more than one year.
• The defendant may be fined up to one thousand dollars.

The penalties and consequences increase for subsequent offenses within a 10-year period.

Additionally, a driver’s license will likely be suspended or revoked. Drivers may also be required to install an ignition interlock device (IID) that prevents the car from being operable if a driver’s BAC is too high.

How does a criminal drunk driving case affect a victim’s civil claim in Tulsa?

Our Tulsa car accident lawyers work with the local prosecutors if the driver who caused your accident was also charged with a drunk driving offense. Normally, the criminal case proceeds first. We may request that the police officer provide testimony he/she gave at the criminal hearing including why the driver who struck you or your loved one was pulled over and the results of any tests. FOIA requests or subpoena can be used to collect dash and body cam from responding officers. Ultimately, depending on the type of plea or conviction, the same may be admissible evidence in the civil case.

As a practical matter, if it is clear from the criminal case that the driver was intoxicated when he/she struck your vehicle, we can usually use the evidence or conviction to persuade the driver’s insurance company to pay your claim, or to persuade your own uninsured/underinsured carrier to pay your claim if the driver didn’t have insurance or didn’t have enough insurance.

We also seek damages from any other responsible defendants. An owner of the vehicle driven by a non-owner (for example, when a parent gives a teenager permission to drive a car and the teen drinks and drives) may be liable if the facts indicate they knew or should have known that the driver was impaired.

While Oklahoma does not have a specific dram shop law, the courts have generally held that vendors of alcohol are liable for a car accident if the vendor sells alcohol to a minor or to someone who is visibly intoxicated and that person later causes an accident due to their intoxication.

Our lawyers file personal injury claims for anyone who is injured by an intoxicated driver including drivers of other vehicles, passengers in any vehicle including the vehicle driven by the intoxicated driver, pedestrians, and bicycle riders. We also file wrongful death claims on behalf of the eligible family members of anyone killed by an intoxicated driver.

At Biby Law Firm, we’ve obtained numerous settlements and verdicts for $100,000 or higher – some for much higher. We demand compensation for all your financial and personal damages. Our lawyers are seasoned trial lawyers who handle all types of vehicle accidents including car, truck, motorcycle, pedestrian, and bicycle accidents caused by drunk drivers. We’ll guide you step by step through the claims process. Though many cases do settle, we’re always ready to try your case in court when insurance companies fail to appreciate or acknowledge the full amount of case’s worth. To assert your rights after any type of vehicle accident, call our Tulsa accident lawyers or fill out our contact form to schedule an appointment. Meta description.  Were you injured or was a loved one killed by a drunk driver? Call our Tulsa trial lawyers today.