Lexington Drunk Driving Accident Lawyer

Legally Reviewed by Stephen Vicari: June 14, 2026

A Lexington drunk driving crash can turn an ordinary trip on U.S. 378, I‑20, or a neighborhood street into a medical and financial crisis in seconds. When a driver chooses to drink and then get behind the wheel, everyone else on the road pays the price, especially people in smaller, more vulnerable vehicles.

At Stewart Law Offices, we represent the people who bear those consequences, not the people who cause them. Our Lexington drunk driving accident attorneys pursue every available avenue of compensation on behalf of injured victims and their families, and we do it with the tenacity and attention to detail that serious cases demand.

Our team includes Stephen Vicari, a licensed attorney with the South Carolina Bar with more than a decade of experience representing injured clients throughout Lexington County. When you call our office, you are not handed off to a paralegal or a case manager; you speak with attorneys who take the time to fully understand your situation and will guide you personally through every stage of the process.

Drunk Driving Crashes in Lexington and South Carolina

South Carolina has one of the most severe drunk driving problems of any state in the country, and Lexington County is not insulated from that reality.

According to data released by the South Carolina Department of Public Safety, in 2023 alone, there were 5,319 collisions in South Carolina that were investigated and determined to involve alcohol or drugs, killing 367 people and injuring 3,372 more. Those are not numbers from a national database; they are South Carolina deaths and injuries, on South Carolina roads, in a single year.

The state-level context is equally sobering. According to NHTSA’s State Alcohol-Impaired Driving Estimates for 2023, South Carolina recorded the highest alcohol-impaired driving fatality rate per 100 million vehicle miles traveled of any state in the country in 2023, at 0.68 deaths per 100 million VMT, nearly double the national rate of 0.38. That ranking reflects a persistent and serious problem with impaired driving behavior throughout the state. 

In Lexington County specifically, the combination of rapid population growth, an expanding network of restaurants and bars along US-378 and I-20, and the daily commuter traffic between Lexington and the Columbia metro area creates real conditions that increase the risk of impaired driving, particularly on weekend evenings and major holiday weekends.  

South Carolina DUI Law and Its Impact on Civil Injury Claims

South Carolina law defines driving under the influence as operating a motor vehicle while under the influence of alcohol or drugs to the extent that the person’s faculties to drive are materially and appreciably impaired, S.C. Code § 56-5-2930.

• A blood alcohol concentration (BAC) of 0.08% or higher creates a presumption of impairment.
• A BAC between 0.05% and 0.08% may be considered as evidence of impairment when combined with other factors.
• Commercial drivers are held to a stricter limit of 0.04%.
• Drivers under the age of 21 are subject to a zero-tolerance policy (any measurable alcohol can result in penalties).

Criminal vs. Civil Liability

It is important to understand that a driver need not be at or above the 0.08% legal limit to be held civilly liable for an accident. If a driver was materially impaired by alcohol or drugs and that impairment contributed to the crash that injured you, they can still be held accountable in a civil personal injury claim, even if they were never convicted criminally or if their BAC was below the legal threshold. The criminal and civil standards are separate, and a criminal acquittal does not prevent you from pursuing civil compensation.

Felony DUI Penalties (Great Bodily Injury or Death)

South Carolina law imposes enhanced criminal penalties when a DUI causes serious harm:

• Great Bodily Injury: Mandatory fine of $5,100 to $10,100 and imprisonment from 30 days to 15 years.
• Death: Mandatory fine of $10,100 to $25,100 and imprisonment from 1 to 25 years.

These are the criminal consequences. The civil compensation you pursue through a personal injury claim is entirely separate and is not limited by the criminal penalties.

How Drunk Driving Causes Crashes in Lexington

Alcohol affects almost every skill needed to drive safely. Even at the legal limit, impaired drivers may have slower reaction times, reduced coordination, poor judgment, and difficulty tracking moving objects. In Lexington, a drunk driving accident lawyer often sees:

• Rear‑end crashes at traffic lights on Sunset Boulevard or near Lexington Medical Center because an impaired driver fails to stop in time.
• Head‑on collisions on two‑lane roads when a driver drifts across the center line.
• T‑bone impacts at intersections when a drunk driver runs a red light or stop sign.
• Single‑vehicle crashes where a drunk driver loses control and hits a parked car or pushes another vehicle into the oncoming lanes.
• High‑speed wrecks at highway speeds on I‑20 when a driver overcorrects or fails to react to slowing traffic.

These are not accidents in the sense of unavoidable mishaps; they are the direct result of a driver choosing to drive after drinking. A Lexington drunk driving accident lawyer will carefully dissect what happened in your collision and connect the dots between the other driver’s impairment and the impact that injured you.

Injuries That Result From Drunk Driving Crashes in Lexington

Crashes involving alcohol often occur at higher speeds, with delayed or no braking, and at odd angles. That combination tends to produce serious injuries. In our cases, a Lexington drunk driving accident lawyer often sees:

• Broken bones, including complex fractures of the legs, arms, ribs, and pelvis.
• Traumatic brain injuries and concussions, sometimes with lasting cognitive or emotional effects.
• Spinal injuries, from herniated discs to partial or complete paralysis.
• Internal injuries, including organ damage and internal bleeding.
• Facial injuries and dental trauma, leading to reconstructive needs or scarring.
• Soft‑tissue injuries and chronic pain in the neck, back, and joints.
• Emotional trauma, including anxiety, depression, and post‑traumatic stress, after the crash.

These injuries may require emergency surgery, long‑term rehabilitation, and changes to your work and daily activities. A Lexington car accident lawyer will work with your treating doctors and, when needed, outside medical experts to document both the immediate harm and the long‑term effects on your life.

Who Can Be Held Liable for a Drunk Driving Accident in Lexington?

Most people assume that only the drunk driver is liable for a crash. In South Carolina, however, multiple parties may share responsibility. Identifying all potentially liable parties is critical to maximizing your compensation.

The Drunk Driver

The impaired driver is almost always the primary defendant. South Carolina law holds them accountable for injuries caused by driving while impaired. In cases involving extreme recklessness (very high BAC, prior DUIs, or egregious behavior), punitive damages may also be available.

Bars, Restaurants, and Alcohol Vendors

Under S.C. Code § 61-4-580, it is illegal for a business to knowingly sell or serve beer or wine to a visibly intoxicated person or to a minor. If a bar or restaurant violates this law and the over-served person later causes a serious accident, the establishment can be held civilly liable for the resulting injuries.

Employers

If the drunk driver was operating a company vehicle or driving within the scope of their employment (including work-related events where alcohol was served), the employer may be held vicariously liable under the doctrine of respondeat superior.

Vehicle Owners (Negligent Entrustment)

A vehicle owner who knowingly allows a person with a known history of DUI, alcohol abuse, or visible impairment to drive their vehicle can be held liable under the theory of negligent entrustment.

Proving Negligence in a Drunk Driving Accident Claim

To pursue compensation in a Lexington drunk driving accident case, your attorney must establish the legal elements of negligence. Each element requires its own body of evidence.

• Duty of Care: Every driver who operates a vehicle on South Carolina’s public roads owes a legal duty to every other person using those roads to drive responsibly, follow traffic laws, and remain unimpaired. This duty is universal and need not be proved individually in most cases.
• Breach of That Duty: A driver who operates a vehicle with a BAC of 0.08 or higher, or who drives while materially impaired by any amount of alcohol, has breached the duty of care owed to other road users. Evidence of breach includes the official police report, BAC test results from the scene, field sobriety test documentation, any DUI charges or convictions, witness accounts of erratic driving, and surveillance footage.
• Causation: The breach must have directly caused the crash that produced your injuries. This requires connecting the driver’s impairment to the specific collision — establishing that a sober driver exercising reasonable care would not have caused the same crash under the same conditions. Accident reconstruction evidence is often central to this analysis in complex cases.
• Damages: You must have suffered real, measurable losses: medical expenses, lost income, physical pain, emotional distress, and other compensable harm. The evidence of damages includes medical records, employment documentation, expert projections for future care, and your own account of how the crash has changed your life.

South Carolina’s evidence of DUI, including a chemical test result at or above 0.08, can establish negligence per se, meaning the traffic law violation itself is evidence of fault. This can significantly streamline the liability analysis and shift the focus of litigation to the full scope of your damages.

What to Do Immediately After a Drunk Driving Accident in Lexington

The steps you take in the hours immediately following a crash with a drunk driver directly shape the strength of your legal claim. Here is what our attorneys recommend:

Call 911 Without Delay

A law enforcement response is critical in a suspected drunk driving crash. Officers can administer field sobriety tests, request chemical testing, document the driver’s behavior, and file an official collision report, all of which become key evidence in your civil claim. Never leave the scene before law enforcement arrives.

Accept Medical Evaluation On-Site and Follow Up Promptly.

Adrenaline frequently suppresses pain in the immediate aftermath of a collision. Accept evaluation by responding EMS personnel and see your own physician as soon as possible, even if you feel well initially. Your medical records create the documented link between the crash and your injuries; gaps in that record give insurers an argument to minimize your claim.

Documenting Accident Evidence

Photograph vehicle damage, positions of all vehicles, road conditions, visible injuries, any open containers or visible signs of intoxication in the other vehicle, and the surrounding environment. This documentation cannot be recreated after the scene is cleared.

Do Not Discuss Fault

Get the other driver’s name, contact information, license plate number, driver’s license information, and insurance details. Collect contact information from any witnesses. Do not discuss fault or the circumstances of the crash with the other driver or with anyone at the scene beyond what is necessary to cooperate with law enforcement.

Do Not Give a Statement to the At-Fault Driver’s Insurance Company

The other driver’s insurer may contact you quickly, sometimes within hours of the crash. Their goal is to gather information that reduces their payout, not to help you. You are not required to cooperate with the adverse insurer. Refer them to your attorney.

Contact a Lexington Drunk Driving Accident Lawyer Before Signing Anything

Early settlement offers in DUI crash cases frequently arrive before the full scope of your injuries is understood. Accepting any payment or signing any release without legal review can permanently cut off your right to additional compensation.

Damages You May Recover in a Lexington Drunk Driving Accident Claim

When a drunk driver causes a crash, the losses often go far beyond immediate medical bills. Depending on the facts, a Lexington drunk driving accident lawyer may pursue compensation for:

• Emergency medical care, hospitalization, surgery, and specialist visits.
• Rehabilitation, physical therapy, and long‑term medical treatment.
• Prescription medications and medical equipment.
• Lost wages if you miss work or must work reduced hours.
• Diminished earning capacity if you cannot return to your previous job or career.
• Pain and suffering.
• Emotional distress and loss of enjoyment of life.
• Scarring, disfigurement, or permanent disability.
• Damage to your vehicle and other personal property.

In particularly egregious cases, for example, where a driver is highly intoxicated, has prior DUIs, or engages in extremely dangerous behavior, your Lexington drunk driving accident lawyer may also pursue punitive damages to punish and deter such conduct, subject to South Carolina’s rules on punitive awards.

Why Having a Lexington Drunk Driving Accident Lawyer on Your Side Matters

Insurance companies are experienced at managing DUI accident claims to their own advantage. Even when liability appears clear, adjusters will scrutinize the extent of your injuries, dispute future treatment needs, and look for any basis to argue that you contributed to the crash. Having an attorney fundamentally changes that dynamic.

At Stewart Law Offices, we take over every interaction with insurance companies from the moment you hire us. We preserve critical evidence, including dash cam footage, bar receipts, BAC test records, and police body camera footage, before it can be lost. We identify every party that may share liability, including the bar or restaurant that served the driver. We work with your medical team to build a complete record of your injuries and future care needs, and we calculate the true, complete value of your claim before any settlement discussion begins. If an insurer refuses to negotiate fairly, we take the case to trial.

The difference between handling a DUI accident claim on your own and having experienced legal representation is not a minor one. It is often the difference between a settlement that barely covers your bills and one that reflects what you have genuinely lost.

Visit Our Drunk Driving Accident Lawyers in Lexington, SC

Legal Help for Drunk Driving Victims in Lexington County

You were hurt because someone made a reckless choice. You should not be the one left paying for it. Stewart Law Offices represents injured victims of drunk driving crashes throughout Lexington County and the surrounding South Carolina Midlands, and we are ready to put more than 30 years of combined legal experience to work for you.

Lexington Drunk Driving Accident Lawyer FAQs