If you cause an accident while driving drunk and flee the scene, you can be guilty of both a DUI and a hit and run. Both criminal offenses are serious matters on their own, and when combined, can result in significant penalties, including jail time, license suspension, and civil fines.
If you have been arrested for a DUI hit and run, you need an experienced Bellflower DUI lawyer to defend your rights. A lawyer can protect you from allegations and work with the prosecution to secure a lesser penalty or criminal charge.
Los Angeles DUI Lawyer can connect you with a knowledgeable Bellflower hit and run DUI lawyer. Contact us today to learn more about how an attorney can help.
A DUI Hit and Run Involves Two Criminal Offenses
Not all DUI hit and run accidents involve serious damage. For example, colliding with a parked car while drunk and driving away counts as a DUI hit and run. For the purposes of the law, charges for a DUI with a hit and run in California combine two offenses:
DUI (CVC 23152)
California Vehicle Code 23152 makes it illegal to drive a car while impaired by alcohol or with a blood alcohol content (BAC) greater than 0.08%. The latter BAC limit is the per se limit, where you will automatically receive a DUI charge.
But you can be convicted of drunk driving even if your BAC is below 0.08% if you were sufficiently impaired. California DUI laws also apply to drugs, like marijuana.
Hit and Run (CVC 20001 & 20002)
California Vehicle Code 20002 requires drivers to pull over and render assistance if they are in an accident involving property damage or injury.
Drivers must exchange their names, residential addresses, and insurance information with each other. If the accident involved injury or death, the driver must contact the appropriate authorities and remain at the scene of the accident. Not complying with this law is a criminal hit-and-run offense.
What Are the Penalties for a Hit and Run DUI?
The penalties for a hit and run DUI can vary significantly depending on whether the accident caused injury or property damage and other aggravating factors like the offender’s BAC level.
If the hit and run only involved property damage, the offender can face up to six months in prison and a fine of up to $1,000. However, if the offender fled the scene of an accident causing injury, they could face felony charges and up to five years in prison. If the accident resulted in death, the offender can be guilty of vehicular manslaughter and serve six years in a state prison.
For DUIs, the penalties can range from six months for a DUI with no injuries to four years for a DUI involving injury or death. DUI penalties can also include license suspensions and the mandatory installation of an ignition interlock device.
Prosecutors Will Push for the Harshest Charges for a DUI Hit and Run
The state of California takes DUIs and hit-and-run extremely seriously, so prosecutors are not afraid to push for the maximum penalty. This is especially true in cases where the hit-and-run DUI caused injury or death, or you have prior criminal offenses. The most serious criminal charges include:
- Felony DUI causing serious injury
- Vehicular manslaughter
In other words, a hit and run DUI charge is much more than just a minor inconvenience. A conviction can completely alter the course of your life and result in a lengthy prison sentence and forfeiture of freedoms and privileges.
That’s why it is in your best interest to find a Bellflower hit and run DUI lawyer who can defend you against the charges and preserve your liberties to the greatest possible extent.
Defenses Against Hit and Run DUI Charges in Bellflower
Most defenses against hit and run DUI charges involve challenging either the DUI or hit and run charge to secure a lesser offense. Below are some potential strategies a DUI lawyer could use:
- Didn’t know about the accident. Some accidents are minor, and it’s possible drivers may not notice they have caused damage. If you weren’t aware of the damage, leaving the scene may not count as a hit and run.
- No DUI. Alternatively, your lawyer could argue that there is no evidence you were driving intoxicated. Field sobriety tests rely on subjective judgments from the responding officer, and chemical tests are not 100% reliable.
- Mistaken identity. It is possible that you were mistakenly identified as the offender in a hit-and-run accident. If there is no evidence to connect you to the scene, you can’t be convicted of a hit and run, even if you still receive a DUI conviction.
Contact a Hit and Run DUI Lawyer Serving Bellflower
A hit and run DUI is a serious criminal offense and warrants a serious legal response from a criminal defense lawyer. The stakes in these cases are incredibly high, so you can’t leave the outcome up to chance.
Los Angeles DUI Lawyer can connect you with a dedicated Bellflower hit and run DUI lawyer. Fill out our contact form to get started today.