A criminal case for drunk driving and a civil case involving a drunk driving accident, even if they involve the same incident, may look very different. In a criminal case, the state must establish that the driver was intoxicated. If the officer that responds to the scene does not properly collect or maintain the chain of evidence or clearly document the drunk driver's dangerous behaviors, the driver may not end up convicted of driving while intoxicated. In a civil drunk driving accident claim, on the other hand, your lawyer will focus on establishing that the drunk driver's negligent actions led to your accident. Driving while intoxicated can lead to many dangerous behaviors, including swerving over the road, ignoring the rules of the road, or engaging in reckless driving habits. You may find it easier to establish that the driver caused an accident than that the driver suffered from intoxication at the time of the accident. While you can use the driver's criminal DUI conviction to establish your right to compensation, you do not need a drunk driving accident conviction to file a civil claim.