Driving under the influence (DUI) is in itself a serious crime. When you add a hit-and-run, the consequences can be even more serious. A DUI hit-and-run occurs when a driver under the influence has an accident and leaves the scene without checking for injuries or exchanging information, as required by law. When you do this, you are putting other people in danger and exposing yourself to higher legal liability. If you have been in an incident like this, you are probably facing several charges whose conviction could result in fines that can run into the thousands, loss of your driver’s license, and even jail time. The penalties for a DUI hit-and-run often depend on whether you caused an injury, destroyed property, or even caused fatalities. A court’s decision can affect your life forever.
Despite the gravity of the charges, you still have legal rights. Once you are involved in a hit-and-run incident when you were intoxicated, your first step should be to call a DUI attorney immediately. The San Diego DUI Attorney team of experienced DUI defense attorneys is ready to help you navigate the legal system, protect your rights, and explore all possible defense options. Get in touch with us so we can start building your defense. But first, let us look at the crime in greater detail.
Legal Obligations Imposed on Drivers
The law spells out your responsibilities as a driver when involved in accidents. Failing to meet them results in serious consequences, precisely a hit-and-run charge. The law requires you to fulfill the following legal duties:
- Stop immediately — You must stop your vehicle at the scene. It is illegal to leave the scene. Doing so shows a lack of accountability. Stopping also allows you an opportunity to assess the damage.
- Exchange information — You must give your name, address, and vehicle registration to all other parties involved in the accident. Also, have your driver’s license ready if asked to present it, and be ready to share all necessary identification, including your insurance details.
- Provide necessary assistance — You are obliged to help anyone injured at the scene. This could involve calling emergency services or ensuring the injured get appropriate medical treatment. Under the law, all individuals affected are priorities.
- Report the incident — If injuries occur, if there is a fatality, or if there is significant property damage, you must report the accident to law enforcement. Failure to report the accident may result in further legal complications for your case.
- Stay at the scene — You are required to stay at the accident scene until the police arrive or until all the required exchanges and notifications are completed. Leaving the scene prematurely can result in a hit-and-run charge.
If the accident causes only property damage, you should stop at the nearest safe place that will not obstruct the traffic flow. Moving your vehicle is allowed. It does not affect fault assessment.
In the event that you hit a parked vehicle and you cannot locate the owner, you must leave a written notice with all your details.
You also must report and notify authorities if your parked vehicle rolls away and causes damage.
Misdemeanor and Felony Hit-and-Run Charges Under Vehicle Code 20002
In a hit-and-run case, prosecutors can pursue felony or misdemeanor charges based on the circumstances of the accident.
Misdemeanor Hit and run
You will face misdemeanor charges if the hit-and-run collision only causes property damage, like damaging vehicles, fences, or buildings. A hit-and-run incident can also hurt pets, like dogs. Pets are considered to be personal property under the law. In other words, if an accident harms a pet, the owner can seek compensation for veterinary charges and other expenses in a civil suit. You will also face misdemeanor hit-and-run charges if you flee the scene.
It is worth noting that the civil and criminal proceedings are separate. Civil lawsuits aim to compensate the victim, while criminal proceedings seek to punish defendants.
If you are convicted of a misdemeanor hit and run under Vehicle Code 20002, you will face the following penalties:
- Up to $1,000 in fines and other penalties
- A jail sentence of up to six months, though a judge may instead grant summary probation, which means you would be free to remain free under supervision for a maximum of three years.
- Adding two points to your driving record — This will translate to an increase in your insurance premiums.
You may also be required to pay restitution for property damage caused by the incident.
Under Vehicle Code 16020, you must exchange essential information with other drivers or property owners at the scene if you are not incapacitated. This information includes:
- Your full name
- Driver’s license number
- Vehicle identification number (VIN)
- Your current residential address or the address of the registered vehicle owner
Furthermore, you must demonstrate that you are financially responsible. If you show insurance as proof, you must state the insurance company’s name and address and your policy number. If these obligations are not met, this is an infraction and could result in a fine of up to $250.
Misdemeanor Hit and Run Cases Civil Compromises
According to the Court of Appeal’s recent ruling in People v. Dimacali (2019), civil compromises are no longer allowed in misdemeanor hit-and-run cases. Before, you could resolve a hit-and-run case in a civil compromise outside of court. A civil compromise often meant less public attention or a less damaging resolution. However, with the appeal’s court ruling, you must go through the criminal justice system. Any discussions you had with the injured party to settle the matter will be void in court. As a result, you will have to be ready to appear in court for trial or other criminal proceedings.
Since you can no longer count on civil compromises to mitigate your charges, working with an attorney who handles hit-and-run incidents will open doors to alternative options like plea deals or defenses you may not have considered.
Felony Hit and Run
Circumstances escalate quickly if your actions cause injuries or death. When a victim suffers serious injury or, worse, tragically, loses their life, prosecutors often upgrade the charge to a felony. A conviction has consequences that reverberate through your personal and professional lives and affect relationships, future job prospects, and your standing in the community.
Vehicle Code Section 20001 outlines severe penalties for hit-and-run accidents in which someone is killed or injured. Under the law, you must stop at the scene, assist the injured, and report the accident. Not complying will have serious legal consequences. If the accident causes injury, you could face:
- Up to one year in prison and/or
- Fines up to $10,000 or both.
However, if the accident causes death or permanent, serious injury, the stakes go up. You could be:
- Sentenced to state prison for two to four years or county jail for at least 90 days
- Required to pay fines of between $1,000 and $10,000
If convicted of vehicular manslaughter, you can get an additional five years in prison if you flee the scene.
Your case can become more serious for several reasons. A judge could impose harsher penalties if you have prior offenses or were found to have been negligent in the incident. Recklessly fleeing the scene only worsens your problems and increases the severity of your punishment.
Driving Under the Influence (DUI)
Impaired driving increases the severity of a situation in a DUI hit-and-run case. The case requires prosecutors to prove the second part of the crime, which is that you were on drugs or alcohol when you left the scene of the accident. Fleeing the scene and driving while impaired demonstrates a profound disregard for safety and the legal obligations associated with driving. Fleeing may seem like you are trying to get away from the hit-and-run consequences of a DUI, like field sobriety tests or breathalyzer tests that would have proven you were drunk.
Driving under the influence significantly impacts your ability to drive a vehicle safely. Alcohol or drug impairment makes you less able to make sound judgments and slows your reaction time, which increases the likelihood that you will cause an accident.
DUI is operating a vehicle while under the influence of alcohol, drugs, or both. The law sets strict limits:
- For most drivers, the BAC limit is 0.08%
- For commercial drivers, the BAC should not exceed 0.04%
- For drivers under 21, the BAC level is 0.01
Alcohol consumption is not the only cause of impairment. Drugs courts consider include illegal, prescribed, or over-the-counter medication. All these can result in a DUI if they impair your ability to drive. Even if your BAC is below the limit, erratic driving due to substance use can still lead to charges.
While you may be charged with both DUI and hit-and-run, in sentencing terms, they are separate offenses. The court treats them as separate crimes, each with different legal elements.
If you are found guilty of a hit-and-run, you will receive the above penalties, and depending on the situation, you will also receive further penalties for aggravated DUI. Aggravated DUI means driving under the influence with certain serious factors, such as:
- Causing injury
- A high blood alcohol level, or
- Prior DUI convictions
You can face misdemeanor or felony charges, whose additional penalties vary depending on whether you have been convicted of a misdemeanor or felony.
Misdemeanor DUI that Results in Injury
If you are convicted of a misdemeanor DUI that causes injury, you are looking at some serious penalties. These include the following:
- Fines that can cost up to $5,000
- The probation period could last from three to five years
- The court could order you to pay restitution to the injured parties
- Suspension of your driver’s license for a period of one to three year
Felony DUI Causing injury
If you are faced with a felony DUI causing injury charge, you could be facing severe and life-altering consequences. You risk facing the following potential penalties:
- Fines between $1,000 and $5,000
- A jail or prison sentence of up to four years — The length of the sentence will depend on the circumstances of the case, including any previous offenses.
- A driver’s license suspension for up to five years
You will also receive a strike on your record. A felony DUI with injury is counted as your first strike if you have no prior convictions for strikeable offenses. The penalties increase if you get a second strike. A second strike on your record is subject to double the prison sentence for the current, strikeable crime. The penalties escalate with a third strike. If you commit your third felony, you get 25 years to life in prison under this law.
Defenses Your Attorney Can Pursue in DUI Hit and Run Charges
There are several defenses that your attorney can use to challenge DUI hit-and-run charges, and each one is designed to cast doubt in the prosecution’s case or prove that your actions do not meet the legal standard for conviction. The common defenses include the following:
You Had No Intention to Flee the Scene
Your lawyer can contend that you had no desire to avoid responsibility for the crash. You could not have even known there was a collision, especially if it was a minor accident or the situation was chaotic. Your lawyer will point out that you did not have wrongful intent. He/she will demonstrate that you were confused or disoriented from the accident or injuries that delayed your response.
They could also argue that you reacted when you discovered what had happened. If you left briefly, returned to the scene, or reported the accident to the authorities, you were not trying to avoid responsibility. It could be that you needed to leave temporarily, maybe for medical reasons or to ensure you were safe if the environment was dangerous. Focusing on these facts can undermine the prosecution’s argument that you ran off on purpose.
Without a clear sign that you were trying to conceal your involvement or obstruct justice, your defense can convincingly argue that you did not intend to flee. It can greatly weaken the hit-and-run charges against you and may even result in lesser charges or a dismissal.
You Were Not Drunk When It Happened, But Your Actions Resulted From Genuine Medical Reasons
Intoxication is not always apparent. What is seen as signs of intoxication could come from a genuine medical condition and not from alcohol or drugs. Some health problems can create symptoms that mimic inebriation, leading police and witnesses to wrongly believe you were drunk. A slurred speech, confusion, swerving, or veering off the road mean that you can easily be misinterpreted as drunk when you are suffering from conditions like diabetes, neurological disorders, or even severe dehydration.
However, you must present evidence to back up your claim. Documentation for your medical condition allows your attorney to argue that your behavior in the incident was affected by health, not alcohol or drugs.
For example, if you have low blood sugar, it can make you dizzy or disoriented, and officers might think you were impaired when you were not. Likewise, some prescription drugs can make you sleepy or impede reflexes, making you look like you were drunk when you were not.
Your legal team will present medical records, the testimony of your doctor, and expert witnesses to help explain how your condition caused you to act. This evidence may show that your symptoms were not a drug influence but may have been the product of your medical condition. This could also account for your being left confused or disoriented, leaving the scene of an accident, or reporting one later.
There Was No Property Damage
Arguing that the crash did not involve property damage could call into question the validity of charges brought against you. If there was no damage to the surrounding property in the collision, the prosecution faces a significant hurdle in proving you violated hit-and-run laws. If you can demonstrate that no damage happened, the legal foundation for the charges becomes increasingly shaky. This makes it hard for prosecutors to say they have met the legal requirements to sustain the charges.
Your attorney can examine the details of the incident and gather evidence and witness statements in favor of your argument.
You Were Not the Driver
If you were not the person behind the wheel of the vehicle involved in a hit-and-run accident, you cannot be convicted of that crime. The onus is on the prosecution to prove beyond a reasonable doubt that you were behind the wheel when the incident occurred. If they fail to prove this, the charges against you should be dismissed.
However, you might still face legal trouble as the vehicle’s owner. If you knew the driver was inebriated or likely to be intoxicated, you may be charged separately for allowing an impaired person to operate your vehicle. There is a penalty for this charge, which has its legal implications.
In these situations, the prosecution will claim that your knowledge of the driver’s condition is proof of your negligence. The state could claim that by letting an impaired person drive your car, you somehow allowed others on the road to be at risk.
Plea Bargain Agreements in DUI Hit and Run Cases
A DUI hit-and-run charge can be overwhelming, but a well-negotiated plea deal can potentially reduce these charges and minimize the impact. Each crime’s serious consequences mean managing both can become complicated, and a plea deal can be a strategic solution.
If you agree to a plea agreement, you might work out a deal with the prosecution to reduce the charges or sentence. Doing so will give both the court and you some relief as the case will be settled, eliminating the risks associated with trials, including the costs and their unpredictability.
A skilled attorney who understands California’s DUI and hit-and-run laws and can present reasons that will help mitigate your charges is essential to a successful plea deal. Your attorney will leverage the critical sections of your case, including your clean record or the lack of significant property or personal harm. These factors can help persuade the prosecution to agree to lesser charges or reduced penalties.
A plea deal can have a much more significant impact than just what happens in court. It can mean:
- No or less jail time
- Less financial penalties
- Shorter or no suspension of your driver’s license
When you reach an agreement, you can put the weight of a conviction behind you.
Rely on an attorney with experience in plea negotiations for a more accessible and less stressful approach, which will guarantee your rights will be upheld and there is the least harm to your personal and professional quality of life.
Find a DUI Hit and Run Defense Attorney Near Me
When you are charged with DUI hit-and-run, it can be very overwhelming to try and navigate the charges. Each charge brings unique challenges that can make your case much more difficult. The prosecution may leverage the combination of offenses to bolster their argument against you. This increases the urgency to mount a robust defense.
If you are in a hit-and-run accident, you can be hit with heavy fines, license suspension, or even jail time, depending on the circumstances of the case. A DUI charge carries its own penalties, including mandatory alcohol education programs, higher insurance premiums, and a permanent criminal record. That is why it is so important for you to be aware of your rights and the serious consequences of the charges on you and your future. An experienced criminal defense attorney will help with this.
When you get in touch with us at San Diego DUI Attorney, our experienced DUI lawyers will evaluate the intricate details of your case and devise a defense strategy tailored to your case. We will fight to protect your rights and secure the best possible outcome. Contact us today at 619-535-7150 and work with us as we fight the DUI hit-and-run charges to secure the best legal outcome.
