No, you cannot personally press criminal charges for drunk driving. Criminal charges are brought exclusively by the State (or other governmental prosecuting body) against the defendant. As the victim, your role is to cooperate with the police and prosecutors. However, you can initiate a separate civil injury claim to secure the financial compensation you need for your medical bills, lost income, and other losses caused by the crash. This civil action is independent of the criminal case and often has a different burden of proof.

DUI, DWI, and OWI are all terms used across the United States to describe the offense of operating a vehicle while impaired, but the specific term used depends on the state’s statutes. DUI generally stands for Driving Under the Influence, and DWI often stands for Driving While Intoxicated or Driving While Impaired. OWI stands for Operating While Intoxicated and is the specific legal term used in some states, like Wisconsin. While the names differ, they all refer to the same offense of illegally operating a vehicle with a blood alcohol concentration (BAC) at or above the legal limit (usually 0.08%) or while impaired by drugs.

Legally, drunk driving is often considered reckless conduct, which is a more serious designation than simple negligence. Negligence is the failure to use reasonable care. Recklessness, however, involves a willful or wanton disregard for the safety of others. Because drunk driving represents a knowing, conscious disregard for the safety of everyone on the road, it elevates the action beyond mere carelessness.

If you encounter a driver you suspect is impaired, your priority is to ensure your own safety and the safety of others. Maintain a safe distance from the vehicle and do not attempt to engage or confront the impaired driver yourself. Immediately call 911 to report their location, direction of travel, and a description of the vehicle. Provide specific details about the driver’s erratic behavior so law enforcement can intercept them safely.