When you’re facing charges for both driving under the influence (DUI) and hit-and-run in Los Angeles, the court will look at you very unfavorably. Hit-and-run drivers are seen as people who want to escape responsibility for their actions. Adding DUI on top will make the punishment even worse.
Being convicted of these two offenses can affect your future, freedom, and financial stability. We can connect you with Los Angeles hit-and-run DUI lawyers who can defend you in court against these charges. At Los Angeles DUI Lawyer, we have connected thousands of clients charged with DUI and related crimes to attorneys who helped minimize the consequences they faced.
Contact us as soon as possible after your arrest so we can connect you with a Los Angeles DUI lawyer who is your best shot at a good result.
What to do Immediately After a DUI Hit-and-Run Arrest
The hours following a DUI hit-and-run arrest are crucial for your defense. Your first priority should be to exercise your right to remain silent. Anything you say to law enforcement can be used against you for both the DUI and hit-and-run charges, potentially creating evidence for two separate crimes.
If you have any medical conditions that might have affected your behavior or appearance during the arrest, request immediate medical attention and documentation. Conditions like diabetes, epilepsy, or head injuries can mimic signs of intoxication. These medical records could become vital evidence in your defense.
Before speaking with the police about what happened, contact a Los Angeles DUI defense attorney. Early statements about the accident or your whereabouts can seriously damage your defense against both charges. Let your Los Angeles Hit-and-Run DUI Lawyer handle all communication with law enforcement.
A DUI Hit-and-Run Attorney in Los Angeles Can Defend You Against Both Charges
A hit-and-run DUI occurs when someone allegedly drives under the influence and leaves the scene of an accident without exchanging information or rendering aid. They are two separate charges. California law treats both offenses seriously, but combined, they can result in enhanced penalties.
The prosecution must prove multiple elements for both charges. For the DUI, they must show you were driving with a blood alcohol content of 0.08% or higher or drove in a way that showed intoxication.
For the hit-and-run, they must demonstrate you were involved in an accident and knowingly left the scene. This can easily happen in a DUI situation. Someone truly intoxicated behind the wheel may not even know they hit someone, yet being intoxicated is not a defense against hit-and-run.
Potential Penalties for Hit-and-Run DUI Cases
The consequences of a hit-and-run DUI conviction can be severe and long-lasting. You may face misdemeanor or felony charges, depending on the circumstances of your case and whether anyone was injured.
Criminal penalties include significant jail time, substantial fines, mandatory alcohol education programs, and license suspension. The court may also require the installation of an ignition interlock device in your vehicle.
Your professional life could also be affected, as a conviction may impact your current employment and future job prospects. Working with an LA hit-and-run DUI lawyer will help you minimize these consequences and protect your future.
California Hit-and-Run Laws and Penalties
A hit-and-run in California involving injury or death is governed by Vehicle Code Section 20001, which requires drivers involved in accidents causing injury or death to stop and remain at the scene. The law imposes serious penalties that increase with the severity of injuries caused by the accident.
For accidents resulting in injury, you could face up to one year in county jail or state prison, along with fines ranging from $1,000 to $10,000. If the accident causes death or permanent, serious injury, the penalties increase to two to four years in state prison or 90 days to one year in county jail, plus fines.
The law is particularly severe if you flee the scene after causing death while driving under the influence, adding an additional consecutive five-year prison term to your sentence. These enhanced penalties cannot be dismissed or struck by the court.
What if there was only Property Damage?
If only property damage was involved, California Vehicle Code 20002a governs what to do at the crash scene. A hit-and-run with only property damage is a misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000.
Will My License Get Suspended?
Your case will involve two separate tracks: criminal proceedings for DUI and hit-and-run charges and an administrative hearing with the DMV. We’ll help you understand the DMV hearing after receiving a DUI, then we must request that hearing within 10 days of your arrest to prevent automatic license suspension.
It may be much more difficult for a Los Angeles DUI hit-and-run lawyer to block your suspension since there are two separate charges. However, without an attorney, you will have little chance of convincing the DMV to let you keep your license.
If your license is suspended, we can argue for you to get a restricted license. This will let you drive to work or school to continue your life, but you will not be allowed to go anywhere else aside from these locations.
DUI Hit-and-Run Cases: In Depth
What Are Examples of DUI Hit-and-Runs?
Here are a few common types of hit-and-run DUI cases:
- A driver had two drinks at a bar before driving home. He hits a parked car on the way, but he does not want to be breath tested by police, so he drives off without reporting it.
- A driver already has a suspended license from a previous DUI and is driving illegally when he gets into an accident. The accident is not his fault, but he knows he will get in trouble for driving on a suspended license, so he flees the scene.
- A driver has been smoking marijuana. Late at night, he hits something on the road, but looking in his mirror, he doesn’t see anyone and assumes it is an animal. He continues driving, unaware that he hit a pedestrian.
For a hit-and-run, it does not matter who is at fault in the accident. Even if the other person caused the accident, you have a duty to remain at the scene and report it. If you do not, you can be charged with a DUI hit-and-run in California.
How Do I Defend Against a Hit-and-Run Charge?
In order to convict you of hit-and-run, the prosecutor must prove beyond a reasonable doubt that the following:
- You were involved in the accident.
- You were aware of the accident.
- You willfully failed to perform one of the duties required by law.
Your duties include pulling over, exchanging information, and lending aid to those who were injured. If the prosecutor is unable to prove these three points, then you cannot be convicted of a hit-and-run offense. This may or may not have any impact on the charge of DUI.
Because the law is so complex and every case has unique circumstances, it is crucial to rely on an experienced California DUI lawyer to ensure you have the best outcome for your case. There are some common ways you can defend yourself against this combination charge.
You Did Not Know About the Accident
Sometimes, you either were not aware of an accident at all or had no reason to suppose that it caused any injuries. For example, let us suppose you inadvertently cut off another driver. The other driver may have swerved to avoid you and gone off the road. Depending on the circumstances, you may never have seen this happen or have any reason to believe it involved you.
You Did Not Leave the Scene Willfully
Sometimes, it is not safe to stay at the scene of an accident. For example, if the other driver begins acting aggressively toward you, or if the accident happens in an area where angry bystanders are threatening you, you may leave the accident scene for your personal safety. This defense is best used if you call the police immediately to report the accident once you are safely away from the scene.
You Were the Only One Injured
If you were the only person injured, you cannot be convicted of a felony hit-and-run because your actions did not cause injury to anyone else. However, you can still be convicted of a misdemeanor hit-and-run if there is property damage. If possible, you should find the property owner and tell them what happened. If you do not attempt to identify yourself and tell the owner the details, you could face an additional misdemeanor charge.
If no one is around, then your duty is to leave your name and contact information in a conspicuous place on the property. Include the details of the event leading to the damage. You should also notify the local authorities of the accident instead of waiting for the property owner to do so. Keep in mind that property can mean another vehicle, a mailbox, a gate, or someone’s pet or livestock.
Other Defenses You Can Use for DUI Hit-and-Runs
There are other possible defenses that a skilled attorney will use to reduce the penalties for your DUI charge. For example, your lawyer could argue that you were not involved in the accident if you can present evidence that you were not at fault for the accident, such as if your car were stolen or driven without your knowledge. The right defense to use depends on the circumstances of your case, and your DUI defense lawyer can choose a strategy that will work best for you.
Some additional examples of unusual circumstances that could be used as defenses include:
- If you were injured or passed out as a result of the accident, and your passenger pushed you from the car before driving away
- If you are involved in an accident on a highway that does not have accident lanes, you may have traveled to the next exit ramp before stopping to contact the police
- If another driver hits you during a road rage incident and stopping could risk your safety, you may try to escape before reporting the incident
- If you were injured such that you could not render aid to another person, you would not face charges on that point
Related Resources
- Things to know about a hit-and-run DUI case
- CA Vehicle Code 20001(a) — hit-and-run with injury
- CA Vehicle Code 20002(a) — hit-and-run with property damage
Taking Action to Protect Your Rights
With combined DUI and hit-and-run charges, evidence deteriorates quickly. Surveillance footage may be erased, accident scene evidence can disappear, and witnesses’ memories fade. You also face strict deadlines for your DMV hearing and criminal court proceedings.
We can connect you with a lawyer who will immediately begin collecting time-sensitive evidence such as nearby security camera footage, dashcam videos from other vehicles, and witness statements. They will also work to document road conditions, signage, and any factors that might have contributed to the accident or affected your awareness of it.
Contact us today to be connected with a Los Angeles DUI attorney for a confidential consultation to discuss your case and learn how they can effectively challenge both charges. A hit-and-run DUI lawyer in Los Angeles is ready to help you, but they can only help you if you contact one.