A DUI arrest involving allegations of leaving the scene is serious. In California, prosecutors often pursue these cases aggressively, especially when property damage or injury is involved. Leaving the scene could be interpreted as an attempt to evade responsibility, which prosecutors may view as an aggravating factor when evaluating the case.
However, being charged does not mean you will be convicted. With the help of a DUI lawyer serving Baldwin Park, it may be possible to challenge the evidence and question the police report.
Los Angeles DUI Lawyer connects individuals with attorneys who focus specifically on DUI cases, including those involving hit and run allegations. A hit and run DUI lawyer serving Baldwin Park can review the allegations and explain potential defense strategies before the case progresses.
Hit and Run DUI Charges in California
In California, a DUI and a hit and run are two separate offenses, each carrying its own legal elements and penalties. However, when prosecutors believe a driver was under the influence and left the scene of an incident, they often pursue both charges simultaneously, which can significantly increase the severity of the case.
DUI Under California Vehicle Code 23152
California’s Vehicle Code 23152 prohibits operating a motor vehicle while:
- Under the influence of alcohol.
- Having a blood alcohol concentration (BAC) of 0.08% or more.
- Under the influence of drugs or a combination of alcohol and drugs.
Commercial drivers, underage drivers, or those on DUI probation may face stricter limits.
Hit and Run Laws: Property Damage vs. Injury
Vehicle Code 20002 applies when:
- A driver leaves the scene of an accident involving property damage, such as hitting a parked car or a mailbox, without reporting it. This offense is typically charged as a misdemeanor but can still carry jail time, fines, and license consequences.
Vehicle Code 20001 governs hit and run cases involving:
- Injury or death. This charge is more serious and can be charged as a misdemeanor or a felony, depending on the severity of the injuries. Felony convictions under Code 20001 can lead to state prison time and substantial penalties.
Leaving the Scene Temporarily Can Still Lead to Charges
Even if you briefly leave the scene before returning, or if you contact the police after the fact, you can still face prosecution. California law places a legal obligation on all drivers involved in a collision to immediately stop, provide identifying information, and offer assistance if anyone is injured.
Prosecutors could claim that any delay, even a short one, means you were trying to avoid responsibility. Even if that wasn’t your intent, they will still rely on timing and assumptions to build their case.
This is why speaking with a hit and run DUI attorney serving Baldwin Park may be helpful. A lawyer can review the circumstances of your arrest and explain how the defense process works.
How a Lawyer Might Defend Your Case
There are multiple legal strategies that a lawyer might use depending on the facts of your arrest. Some potential defenses could include:
- Scrutinizing impairment claims: This includes evaluating the timing, method, and reliability of chemical testing, as well as whether the officer had a lawful reason to extend the stop into a DUI investigation.
- Challenging evidence of who was driving: If officers arrived after the incident occurred, the prosecution must still establish that you were operating the vehicle at the relevant time. Limited or conflicting evidence on this point could weaken the prosecutor’s case.
- Addressing the “knowledge” element of a hit and run: Hit and run liability requires that you knew, or reasonably should have known, that a collision occurred. If the contact was minor, obscured, or not immediately apparent, that could help your lawyer challenge the charge.
- Providing context for why you left the scene: Drivers sometimes leave due to injury, confusion, or legitimate safety concerns. While this may not fully excuse the conduct, it can affect how the case is charged and negotiated.
Hit and run DUI lawyers serving Baldwin Park can review available evidence and identify issues that may be relevant to your case.
The Consequences of a Hit and Run DUI Conviction
A DUI charge combined with a hit and run can significantly increase the legal consequences. You could face:
Jail or Prison Time
- A hit and run involving only property damage is usually charged as a misdemeanor, which is punishable by up to six months in jail.
- If the crash caused injury or death, prosecutors may pursue felony charges that can carry state prison exposure.
- DUI penalties could be added on top of the hit and run sentence, leading to consecutive jail time.
Fines and Restitution
- You could face thousands of dollars in fines, fees, and court assessments across both charges.
- You could be required to pay restitution to victims, regardless of your insurance status.
- Additional costs you might incur can include DUI education programs, probation supervision fees, and DMV reissue fees.
License Suspension and DMV Consequences
- A DUI triggers both criminal court and DMV administrative action, which can lead to having your license suspended or revoked.
- A hit and run conviction can result in an additional license suspension, which can sometimes last longer than a standard DUI suspension.
- You might have to install an ignition interlock device (IID) before you can drive again.
Insurance and Long-Term Fallout
- Convictions for DUI and hit and run add points to your driving record, which can raise insurance premiums or result in canceled coverage.
- Some employers who require a clean driving history may consider these charges when making employment decisions.
- A criminal conviction could also impact your ability to obtain housing and professional licensing or pass background checks.
Work With a Trusted Hit and Run DUI Lawyer Serving Baldwin Park
Los Angeles DUI Lawyer connects individuals across California with attorneys who handle DUI and hit and run charges. You can contact Los Angeles DUI Lawyer to get connected with hit and run DUI attorneys serving Baldwin Park who can review your case and discuss available legal options.