Assuming you have the right to sue generally, then yes, you probably can. Your right to take legal action seeking compensation for your injuries and losses in an Atlantic City drunk driving accident does not depend on whether the driver was convicted of DWI. In fact, your rights do not even depend on whether the authorities charged the driver.
The reasons why a drunk driver might escape criminal charges often have nothing to do with whether an experienced drunk driving accident injury lawyer can prove a case on your behalf for damages. Also, as we mentioned above, oftentimes someone other than the drunk driver might owe you damages.
Never let the fact that the drunk driver in your Atlantic City accident did not face criminal charges keep you from talking to an experienced lawyer about your rights.