DUI and Hit and Run

A DUI combined with a Hit and Run is a serious offense in California and can result in severe legal consequences. Each charge (DUI and Hit and Run) is treated separately, and when combined, the penalties are harsher than for either charge alone. Here’s what you need to know about the legal implications, penalties, and possible defenses when facing both DUI and Hit and Run charges.

Legal Definitions

  • DUI (Driving Under the Influence):

California Vehicle Code 23152(a): It is illegal to drive a vehicle while under the influence of alcohol or drugs.

California Vehicle Code 23152(b): It is illegal to drive with a Blood Alcohol Concentration (BAC) of 0.08% or higher.

  • Hit and Run:

California Vehicle Code 20002 (misdemeanor): Involves leaving the scene of an accident that resulted in property damage (e.g., damage to another vehicle, fence, or other property).

California Vehicle Code 20001 (felony): Involves leaving the scene of an accident that caused injury or death to another person.

Consequences of a DUI and Hit and Run

If you’re charged with both DUI and Hit and Run, the penalties will vary depending on whether the Hit and Run involved property damage (misdemeanor) or injury/death (felony). Below are the potential penalties for both charges.

  • DUI Penalties

First DUI Offense:

  • Fines: $390 to $1,000, plus penalty assessments that significantly increase the total.
  • Jail Time: 48 hours to six months in county jail.
  • License Suspension: Six-month suspension.
  • DUI School: Three to nine months in a DUI education program.
  • Probation: Three to five years of informal probation.

Second DUI Offense (within 10 years):

  • Fines: $390 to $1,000, plus penalty assessments.
  • Jail Time: 96 hours to one year in county jail.
  • License Suspension: Two years (may be reduced with an Ignition Interlock Device).
  • DUI School: 18 to 30 months.
  • Probation: Three to five years of informal probation.

  • Hit and Run Penalties

Misdemeanor Hit and Run (VC 20002):

  • Fines: Up to $1,000.
  • Jail Time: Up to six months in county jail.
  • Probation: Up to three years.
  • Restitution: Payment to the victim for property damage.

Felony Hit and Run (VC 20001):

  • Fines: Up to $10,000.
  • Prison Sentence: 16 months to three years in state prison (or more if there is serious injury or death).
  • Restitution: Payment to the victim for medical bills or funeral expenses.
  • Probation: Formal probation with strict conditions.

Combined DUI and Hit and Run Penalties

When DUI and Hit and Run charges are combined, the penalties increase due to the severity of committing both offenses simultaneously. If both charges are misdemeanors, you could face:

  • Jail Time: A combination of penalties from each charge (e.g., jail time for both DUI and Hit and Run convictions, potentially served consecutively).
  • Fines: Both DUI and Hit and Run fines, which can accumulate to a significant amount.
  • Probation: You may be placed on probation for both offenses with overlapping or consecutive terms.
  • License Suspension: The DUI will trigger a mandatory license suspension, and the Hit and Run may cause additional restrictions.

If the Hit and Run is a felony (involving injury or death), the consequences are much more severe:

  • Prison Time: Up to four years or more in state prison, depending on the severity of the injury.
  • Felony Record: A felony conviction will remain on your record permanently, impacting your ability to get employment or housing.

Additional Consequences

  • Civil Lawsuits: In addition to criminal penalties, you could be sued in civil court for damages caused by the Hit and Run.
  • Increased Insurance Rates: A DUI conviction alone will cause your insurance rates to skyrocket or result in cancellation, but adding a Hit and Run will make it even more difficult to obtain affordable coverage.
  • License Revocation: Multiple DUI and Hit and Run offenses may lead to a longer or even permanent revocation of your driving privileges.

Possible Defenses for DUI and Hit and Run

  1. No DUI Impairment: You could challenge the DUI charge by arguing that you were not impaired, even if your BAC was above the legal limit. Factors like faulty breathalyzer tests, improper calibration, or medical conditions could influence BAC results.
  2. Lack of Knowledge (Hit and Run): In a Hit and Run case, the defense may argue that the driver was unaware of the accident or damage, which can reduce or eliminate criminal responsibility.
  3. Mistaken Identity: For both DUI and Hit and Run, a defense may involve mistaken identity, especially if there were no witnesses or clear evidence connecting you to the vehicle or accident.
  4. Emergency Circumstances: If the Hit and Run occurred because you were fleeing an immediate threat to your safety, this could serve as a defense.
  5. Involuntary Intoxication: If you were unknowingly drugged or intoxicated without your knowledge, this could be a valid defense to the DUI charge.

For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.