DUI Accident Hit And Run

Summary:

A DUI Accident Hit and Run in California combines impaired driving with the failure to fulfill legal duties after causing a collision. This charge carries severe criminal, financial, and reputational consequences due to the dual violation of DUI and hit-and-run laws. Drivers, victims, government agencies, and employers are directly affected. Key legal challenges include proving actual knowledge of the collision, establishing BAC levels retroactively, and navigating enhanced penalties for leaving an injured victim. Businesses may face liability if employees commit offenses in company vehicles, while individuals risk felony charges even for minor injuries if they flee.

What This Means for You:

• Immediate Action: Contact a DUI attorney before speaking to police. California Vehicle Code §§ 20002(a) and 23153 require reporting accidents and remaining at the scene. Preserve evidence by documenting the incident location, witnesses, and your condition pre-arrest within 10 days to request a DMV hearing.
• Legal Risks: Misdemeanor charges (up to 1 year jail + $10K fines) if only property damage; felony charges (2-4 years prison + $10K-$50K fines) with injuries. Three-strike eligibility for serious injuries. Mandatory 3-year license revocation and ignition interlock.
• Financial Impact: Attorney fees ($7.5K-$100K), $12K restitution minimum, 3x insurance hikes, $3K DMV fees, $30K civil liability waivers, vehicle impound fees, and mandatory DUI school ($2K).
• Long-Term Strategy: Pursue expungement under PC 1203.4 post-probation. Petition for early license reinstatement with IID after 12 months. Explore restricted licenses for work. Document rehabilitation for sentence mitigation.

Explained: DUI Accident Hit And Run:

Under California Vehicle Code § 20002, drivers must immediately stop, provide identification, and offer reasonable aid when involved in collisions causing property damage. CVC § 23153 enhances penalties when the driver violates DUI laws (≥0.08% BAC or impaired by drugs) and fails to fulfill these duties. Federal law (23 U.S.C. § 402) mandates states impose mandatory license suspensions, leading to California’s automatic 6-month suspension (1 year for injury cases) upon arrest.

Prosecutors must prove: (1) operation of a vehicle while under influence; (2) involvement in collision; (3) knowledge of collision; (4) willful failure to stop/identify/render aid. Knowledge remains the most contested element – prosecutors often use circumstantial evidence like vehicle damage severity or witness statements to establish awareness.

Types of DUI Offenses:

Misdemeanor charges apply when only property damage occurs and driver leaves. Punishable by up to 6 months jail (minimum 90 days with probation), $1K-$10K fines, and restitution. Felony charges under CVC § 20001(b) apply when injury occurs and BAC ≥0.08% – even minor scrapes qualify if medical treatment is sought. Aggravating factors like multiple victims, excessive speed (VC 22348), prior DUI convictions, or child endangerment (PC 273a) trigger sentencing enhancements.

Commercial drivers face CDL disqualification for 1 year (3 years if transporting hazardous materials) under CFR § 383.51, regardless of conviction. Federal properties (national parks, military bases) invoke parallel charges under 36 CFR § 4.23 with mandatory 6-month impoundment.

Common Defences for DUI:

Lack of Knowledge: Arguing unawareness of collision due to environmental factors (e.g., heavy rain, loud music). Emergency Circumstances: Fleeing dangerous situations (e.g., assault threats) documented via 911 calls. Defense of Property Leaving to summon aid when no cell service existed. Insufficient Evidence: Challenging retroactive BAC calculations after delayed testing or disputing witness identification of fleeing vehicle.

Procedural defenses target illegal stops – officers need reasonable suspicion for DUI checkpoints per Ingersoll v. Palmer. Blood draws without warrants now require exigent circumstances under Missouri v. McNeely. Accident reconstruction experts frequently rebut prosecution claims about collision mechanics.

Penalties and Consequences of DUI Offenses:

First-offense misdemeanor: 90-day minimum jail, 3-year probation, $390-$1K fines + 10x penalty assessments (~$5K actual), 6-month license suspension. Felony injury cases: 16 months-4 years prison (plus 3-6 years per additional victim), $5K-$50K restitution, 5-year license revocation. Three-strike filing for victims with “great bodily injury” (broken bones, concussions).

Collateral consequences include 10-year SR-22 insurance requirements, permanent criminal record affecting professional licenses (medical, legal, contracting), and ineligibility for certain government benefits. Employers may terminate drivers under Vehicle Code § 13361. Immigration consequences: non-citizens face deportation for crimes involving moral turpitude (upheld in Matter of Ruiz-Lopez).

The DUI Legal Process:

1. Arrest: Mandatory BAC testing under implied consent laws (CVC § 23612). Refusal triggers automatic 1-year suspension. 2. DMV Hearing: Request within 10 days to contest administrative suspension. 3. Arraignment: Formal charges filed within 48 hours on misdemeanors (15 days for felonies). 4. Pre-Trial: Motion deadlines (suppress evidence, dismiss charges) at 30-45 days. 5. Plea Bargaining: Common for property damage cases (reduced to wet reckless). 6. Trial: 90% resolve pre-trial; juries hear 7. Sentencing: Immediately post-conviction with victim impact statements.

Choosing a DUI Attorney:

Select attorneys certified by the California DUI Lawyers Association with ≥100 jury trials. Local courthouse knowledge is critical – LA County offers diversion programs absent elsewhere. Review published case results for injury-specific acquittals. Avoid flat fees for felony cases; expect $25K-$75K retainers. Confirm experts (toxicologists, accident reconstructionists) are retained in advance.

Other DUI Resources:

California DMV Administrative Hearing Guide: www.dmv.ca.gov/dui-process
NHTSA Data Reporting Requirements: www.nhtsa.gov/dui-data

People Also Ask:

Can I fight a DUI hit and run charge if I wasn’t drinking?
Yes – impairment requires proving either BAC ≥0.08% OR inability to drive with ordinary care. Defense teams obtain independent toxicology analysis and challenge field sobriety tests. Video evidence proving sober behavior often negates DUI element.

Will my auto insurance cover hit and run damages when I was drunk?
Most California policies exclude intentional acts. Civil code § 3333.4 bars recovery of non-economic damages if convicted. Victims can pursue claims through your assets or uninsured motorist coverage.

How long do police have to file hit and run charges?
Standard statute of limitations is 3 years for felony VC § 20001 (PC 801), 1 year for misdemeanor VC § 20002 (PC 802). However, DNA evidence from airbag deployments extends forensic timelines indefinitely under PC 803(g).

Can I get a restricted license after a hit and run suspension?
Yes – after 12 months of hard suspension for first offenses. Install ignition interlock 6 months minimum under VC § 23575.3. Employment exemptions require proving “critical need” via DMV Form DL 170.

Do prior DUI offenses increase hit and run penalties?
Yes – existing convictions trigger mandatory minimum sentencing under PC 667.5(b). Third DUI within 10 years with hit and run is a “wobbler” automatically filed as felony. Washout periods reset if new offense occurs within 5 years.

Expert Opinion:

DUI hit and run cases demand immediate strategic intervention due to overlapping criminal, civil, and administrative proceedings. Failing to coordinate DMV and criminal defenses risks permanent license revocation before trial. Early retention of accident reconstruction specialists often proves decisive against knowledge allegations.

Key Terms:

• California DUI hit and run felony penalties
• Proving knowledge in hit and run collisions
• DMV administrative hearing after DUI arrest
• Civil liability for drunk driving accidents
• Expungement of DUI with injury convictions
• Ignition interlock requirements in California
• Three strikes law DUI great bodily injury

*featured image sourced by DallE-3