It might, but it is not a reason to skip speaking with a lawyer about your rights.
Here is what we can tell you: your legal rights as a victim of a drunk driver exist separate and apart from any criminal charges the drunk driver might face. Any lawsuit you might file seeking damages in a Bronx drunk driving accident would happen in a separate court, in a separate legal process, from any criminal prosecution of the driver.
Not surprisingly, it can help your lawyer make your case if the driver gets convicted of drunk driving, since that conviction could help to prove the driver’s legal liability for the harm the crashed caused you. Likewise, if the driver convinces the prosecutor, a judge, or a jury, that he was not intoxicated, then that might, sometimes, make your case a little harder to prove. Harder, maybe, but definitely not impossible.
Always speak with our experienced Bronx drunk driving attorneys after a crash injures you or a loved one. Regardless of what decisions law enforcement makes in charging the drunk driver, you still likely have the right to compensation.