If you’re being charged with a DUI hit and run offense, you need to speak to a La Habra DUI lawyer immediately. Hit and runs are a severe offense in California, and adding a DUI on top of that can multiply the consequences. You need a dedicated attorney who can defend you against the charges and push for a reduction or case dismissal.
Contact Los Angeles DUI Lawyer today to learn more about how a La Habra hit and run DUI lawyer can help. Our team has decades of combined experience putting people in touch with skilled DUI representation.
Time is of the essence in DUI cases, so don’t delay getting in touch.
What is a DUI Hit and Run in La Habra?
A DUI hit and run combines two separate offenses: driving under the influence and fleeing the scene of an accident. For example:
- DUI (VEH 23152): Driving while impaired on alcohol/drugs or driving with a BAC greater than 0.08%.
- Hit and run (VEH 20001): Refusing to exchange information after an accident or fleeing the scene of an accident.
Each crime is serious on its own, but the consequences can be even harsher when they are combined.
Is a DUI Hit and Run a Misdemeanor or Felony?
When you get arrested for a DUI hit and run, you will face two criminal charges: one for a DUI and another for a hit and run. Each of these crimes can be charged as a misdemeanor or a felony offense, depending on the circumstances.
DUIs
Most DUIs are charged as misdemeanor crimes, including first, second, and third-time offenses with no aggravating factors. There are three cases where a DUI will be charged as a felony:
- It is your fourth or greater DUI in the past ten years.
- You have a previous felony DUI conviction.
- You cause an accident resulting in injury or death
Hit and Run
A hit and run can be charged as either a misdemeanor or a felony, depending on the circumstances surrounding the crash. A hit and run accident involving only property damage is usually charged as a misdemeanor. For example, running into a parked car and then leaving the scene would be a misdemeanor offense.
However, a hit and run involving injury or death is a wobbler offense, meaning it can be charged as a misdemeanor or felony. If the hit and run accident involved alcohol or drugs, prosecutors will almost certainly bring felony charges against you.
Penalties for DUI Hit and Run Charges in La Habra
The penalties for each offense can stack, resulting in a much more severe punishment than either charge alone would. The exact penalties depend on whether the underlying crimes are charged as misdemeanors or felony offenses. Here is how those penalties break down:
Misdemeanor DUI
With a typical misdemeanor DUI, you could face:
- Up to one year in a county jail
- $1,000 max fine
- Three to five years of informal probation
- Minimum six-month license suspension
- Mandatory DUI education
Felony DUI
The consequences become much steeper in felony cases. For example, you could be given:
- Up to four years in state prison, and 15 years if the accident causes death
- $1,000 max fine
- One to four-year license suspension
- Up to five years of formal probation
Misdemeanor Hit and Run (Property Damage)
When the only damage is to physical property, you can face minimal potential penalties for a hit and run, such as:
- Up to six months in prison
- $1,000 max fine
- Points on your license
Felony Hit and Run (Injury or Death)
When humans have been harmed as a result of a hit and run, the charge rises to a felony, and you could face:
- Up to four years in state prison (15 years for causing death)
- $10,000 max fine
- Five additional years in prison for hit and run resulting in death
Defenses to DUI Hit and Run Charges
Needless to say, the stacking punishments for DUI and hit and run charges can quickly add up, leading to an extremely punitive sentence. You need an experienced and competent La Habra DUI hit and run lawyer to defend you and preserve your freedoms.
General defenses will involve challenging elements of either the DUI or hit and run charges. Below are possible strategies a defense attorney could use:
Not Intentional
You must knowingly and intentionally flee the scene to be convicted of a hit and run accident. If you genuinely didn’t know there was an accident, your ignorance could mitigate the charges. For instance, you may not have realized there was an accident and thought you hit a pothole on the road.
Mistaken Identity
The prosecution must prove that you were driving to get DUI and hit and run convictions. Even if it was your car that fled the scene, you may not have been driving and so not responsible for the crime. The prosecution must prove that you were driving when the offenses occurred.
Illegal Stop
Police must have probable cause to pull someone over for a DUI. If the police stopped you without reason or otherwise violated your rights, your attorney could attack DUI charges or have evidence thrown out of court.
Contact a Hit and Run DUI Lawyer Serving La Habra
DUI and hit and run charges can result in extreme negative consequences for your freedoms and professional life. You need a legal professional you can rely on to aggressively defend your rights and liberties.
Contact Los Angeles DUI Lawyer online or by phone today to speak to a DUI hit and run lawyer serving La Habra.