PORTLAND DRUNK DRIVING
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We Serve Clients Injured by Drunk Drivers in Portland and Throughout Oregon
Portland is full of exciting clubs and hotspots to go out and blow off steam. While there’s nothing wrong with going out for an evening of drinks with friends, getting behind the wheel of a car after you’ve been drinking is another matter. Drunk driving is not only against the law – it shows a reckless disregard for yourself, as well as other drivers and even pedestrians.
At Johnston Law Firm, we believe that drunk drivers should be held liable for all of the pain, suffering, and financial losses that they cause in accidents. We have been serving Portland clients who have been injured by drunk drivers for decades. With the help of an experienced car accident attorney at our firm, you can obtain the full amount of compensation possible in your case and find a sense of justice.
Reach out to a drunk driving accident lawyer at Johnston Law Firm today. Call 503-546-3167 or contact us online for a free consultation.
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Injured by a Drunk Driver? Here’s What Our Portland Attorneys Can Do for You
A serious drunk driving collision creates medical, financial, and legal challenges almost immediately. Our attorneys manage every stage of your claim while you concentrate on your recovery and your family. Here’s how we can help:
- Investigate the crash thoroughly: Preserve evidence before it disappears.
- Gather police and DUI evidence: Strengthen your injury claim with official records.
- Interview witnesses: Build a complete picture of how the collision occurred.
- Work with accident reconstruction experts: Establish liability through technical analysis.
- Calculate your complete damages: Include future medical care and lost earning capacity.
- Handle insurance negotiations: Protect you from unfair settlement tactics.
- Coordinate with your medical providers: Document the long-term impact of your injuries.
- Prepare your case for trial: Remain ready if settlement negotiations fail.
Our legal team acts quickly because early investigation often makes a significant difference in the strength of a drunk driving injury claim.
Why Drunk Driving Accidents Are So Devastating in Portland
Every decision to drive under the influence places everyone else on the road at risk. Alcohol and drugs impair judgment, slow reaction times, reduce coordination, and increase reckless behavior behind the wheel. Even a single poor decision can result in life-changing injuries for innocent motorists, pedestrians, cyclists, and motorcyclists.
Drunk driving crashes occur throughout Portland, particularly along heavily traveled corridors such as Interstate 5, Interstate 84, U.S. 26, Interstate 205, and busy streets including Powell Boulevard, Barbur Boulevard, and Southeast Division Street. Victims often require emergency treatment at trauma centers such as Oregon Health & Science University Hospital or Legacy Emanuel Medical Center before facing months of rehabilitation.
Unlike many other collisions, drunk driving accidents frequently involve criminal proceedings alongside civil injury claims. While criminal charges may punish the impaired driver, they do not compensate victims for their losses. A personal injury claim remains essential for recovering financial damages.
Don’t miss out on these common personal injury mistakes.
Get the legal counsel you need to guide you through the process of filing an injury claim.
Drunk Driving Laws in the State of Oregon
Oregon prohibits motorists from operating a vehicle while impaired by alcohol, controlled substances, inhalants, or any combination of intoxicants. Under ORS 813.010, a driver commits the offense of Driving Under the Influence of Intoxicants (DUII) if they are impaired to a noticeable degree or have a blood alcohol concentration (BAC) of 0.08% or higher.
Commercial drivers are held to a stricter standard. Under ORS 813.010 and Oregon’s commercial driver licensing laws, including ORS 807.037, a person operating a commercial motor vehicle may be disqualified from driving commercially with a BAC of 0.04% or higher, even though the general legal limit for most other drivers is 0.08%.
Oregon also maintains a zero-tolerance policy for drivers under 21. Under ORS 471.430, it is unlawful for a person under the legal drinking age to consume or possess alcohol, and under Oregon’s administrative driver licensing rules, drivers under 21 who operate a vehicle after consuming alcohol may face license sanctions even with a BAC below 0.08%.
Criminal DUII charges are separate from a civil personal injury claim. Even if the impaired driver is acquitted or their criminal case is still pending, you may still pursue compensation for your medical bills, lost income, pain and suffering, and other losses through a personal injury lawsuit.
Obligations of Portland Bars, Restaurants, and Social Hosts
In some situations, the intoxicated driver is not the only party that may bear responsibility. Oregon law may allow injured victims to pursue claims against businesses or individuals who unlawfully provided alcohol under certain circumstances.
Bars, restaurants, taverns, and other alcohol-serving establishments have legal responsibilities when serving patrons. If an establishment continues serving someone who is visibly intoxicated or serves alcohol to an underage person in violation of Oregon law, it may share liability for resulting injuries.
Social hosts may also face liability in limited situations, particularly when furnishing alcohol to minors.
Potentially liable parties may include:
- Drunk drivers: The person whose impaired driving caused the collision.
- Licensed alcohol establishments: Businesses that violated Oregon’s alcohol service laws.
- Social hosts: Individuals who illegally furnished alcohol in certain circumstances.
- Vehicle owners: Owners who knowingly entrusted a vehicle to an impaired driver.
- Employers: Companies whose employees caused crashes while acting within the scope of employment.
Identifying every responsible party often increases the insurance coverage available to injured victims. Our Portland drunk driving accident attorneys can explain how Oregon’s DUII laws apply to your case and work to hold every negligent party accountable.
How to Spot a Drunk Driver
The state of Oregon continues to average roughly 25,000 DUII arrests each year. According to Atlas Addiction Treatment Center of Oregon, drugs or alcohol are involved in roughly 40% of all traffic fatalities in the state.
In 2025, the Traffic Division issued 7,546 citations and 1,396 warnings. Additionally, the team made 311 arrests — 222 of which were for DUII. These efforts reflect the Bureau’s continued commitment to accountability, prevention, and collaborative action in pursuit of safer streets for everyone.
With drunk driving being an ever-present worry in people’s minds, we created the following visual highlighting common behaviors of drunk drivers on the road and how to go about spotting and reporting them to help keep our Oregon roads safer.
Insurance Claims Against Drunk Drivers
When you’ve been injured in an accident caused by a drunk driver, you do have several options in terms of dealing with insurance companies. Automobile insurance company claims involving drunk drivers can be filed either with the at-fault driver’s insurance company, as well as with your own. Car insurance will typically cover the following:
- Medical expenses;
- Property damages; and
- Pain and suffering, in some cases.
To collect from the other driver’s insurance carrier, they will need to be covered through liability insurance, with no exclusion clauses pertaining to coverage for accidents related to DUI or DWI charges. If the other driver isn’t covered, or if they don’t have insurance, you may be able to collect through your underinsured or uninsured motorist coverage.
Of course, when dealing with an insurance company, be aware that their main concern is not the damages you’ve suffered as a result of the accident; it’s saving themselves money. Before accepting any insurance offer, your best bet is to consult with an attorney who can make sure you are getting the justice you deserve.
Compensation for Injuries Caused by Portland Drunk Drivers
Oregon is not a no-fault Insurance state, meaning that if you are involved in an accident caused by a drunk driver, you are free to pursue seeking damages from the at-fault driver in court. Oregon State Statutes, Sections 31.700-31.735 detail the types of damages that may be sought from drunk drivers. Under the theory of negligence, you may be able to collect compensation for your injuries for the following damages:
- Economic damages, including medical expenses and lost wages;
- Non-economic damages, such as pain and suffering, future medical expenses, and loss of potential job earnings or diminished capacity to enjoy life due to your injuries; and
- Punitive damages, which are meant to punish the negligent party.
Punitive damages are often difficult to obtain, but worth pursuing. Lawsuits for punitive damages in drunk driving cases may be able to be filed both against the driver, as well as any person or place guilty of over-serving the driver, or failing to prevent the drunk driver from getting behind the wheel. These lawsuits can run into millions of dollars.
Frequently Asked Questions About Drunk Driving Injury Claims
Following any accident, you should call 911 as soon as possible if you believe you are injured. Not only will emergency medical professionals respond, but so will law enforcement officers. If you suspect that the other driver in the accident is drunk, it is imperative to have law enforcement officers on the scene who can investigate the situation and arrest the drunk driver if needed. Officers will also file an official police report that states their observations and suspicions regarding the driver’s level of intoxication.
Whether you go to the hospital or remain on the scene, you should write down–or dictate to someone else–everything you remember about the circumstances of the accident. Did you see the driver swerving before the crash? Were their headlights on? We they driving erratically? Any details that you can write down can only help you later in your case.
When you file a claim for personal injury after a drunk driving accident, you must specify the financial recovery that you are seeking. Such recovery is referred to as “damages.” Damages include compensation for many different losses, which may include the following:
- Past and future lost wages and benefits;
- Past and future medical expenses;
- Physical suffering and pain;
- Emotional distress;
- Permanent disfigurement or disability;
- Loss of enjoyment of life;
- Punitive damages.
Determining past financial losses can be quite straightforward as you can use pay statements or medical bills to prove your expenses. However, proving future losses or intangible losses such as pain and suffering can be complex. In many cases, you may need an expert to come in and testify to support the limitations you claim, such as your inability to work, or the ongoing medical care that you may require for many years.
Following a drunk driving accident, some of the most important evidence may be gathered by law enforcement officers. Officers conduct tests to determine whether a driver is impaired, including field sobriety tests, breath tests, or blood tests. The results of these tests are often used in any subsequent criminal case against the driver for DUI.
While the criminal case is a completely separate matter from your personal injury claim in civil court, if you can establish that the driver violated a safety law–such as the law against drunk driving–you can establish negligence per se. This means the court will not require any additional evidence for a finding of negligence and you will only have to prove your damages and losses.
In some situations, Oregon “dram shop” laws may give you the right to sue the bar, nightclub, or restaurant that over-served the driver who caused the crash. However, you can only hold the establishment liable for your losses in certain situations, including the following:
- The establishment sold alcohol to the driver even though they were visibly intoxicated;
- The establishment sold alcohol to the driver who was under the legal drinking age of 21.
If either of these situations occurred, you may be entitled to additional compensation for your losses. However, there are different procedural requirements for dram shop claims, including a much shorter time limit to file the claim. Therefore, never wait too long to discuss your drunk driving accident with an attorney familiar with Oregon law.
Yes. Oregon follows a modified comparative negligence rule under ORS 31.600. You may still recover compensation if your share of fault does not exceed the legal threshold. However, your compensation will be reduced by the percentage of fault assigned to you.
Johnston Law Firm handles drunk driving accident cases on a contingency fee basis. That means you pay nothing upfront and no attorney’s fees unless we recover compensation for you. Your initial consultation is free, allowing you to discuss your case without any financial obligation.
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– Michelle E.
Mr. Johnston and his firm were incredibly thorough in getting us a fair settlement from our insurance company with little to no pressure. We really appreciated having someone who truly cared about us every step of the way. I would highly recommend the Johnston Law Firm to anyone in need of personal injury representation.
Contact a Portland Personal Injury Attorney at Johnston Law Firm Today
A drunk driving accident can leave you facing painful injuries, expensive medical treatment, and uncertainty about the future. You should not have to battle insurance companies while trying to recover. Johnston Law Firm proudly represents injured clients throughout Portland and across Oregon, providing experienced legal guidance and aggressive advocacy from the beginning of every case. We are available 24/7, and every consultation is completely free.
Injured in a crash caused by a drunk driver? Contact Johnston Law Firm now for a free consultation. Call 503-546-3167 today to speak with an experienced Portland drunk driving accident lawyer. We will review your case, explain your legal options, answer your questions, and begin building a strategy designed to pursue the maximum compensation available under Oregon law. Justice Matters. We’re Here to Get It for You.
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