Yes. DUI is a criminal charge that will be prosecuted in criminal court. A personal injury lawsuit is a civil claim completely separate from criminal charges. A successful outcome in a civil case does not result in a conviction of the defendant, but rather the award of damages to the plaintiff. Personal injury lawsuits may be filed whether or not the driver is arrested, convicted, or acquitted of the criminal charge. One thing to note is that a conviction in criminal court is a powerful piece of evidence that may be used to prove liability in personal injury proceedings.