California’s Hit-and-Run Laws

Both driving under the influence and hit-and-run are criminal acts in California. Sometimes, they occur together. What are the risks for someone who drives under the influence of drugs or alcohol and commits a hit-and-run?

A hit-and-run is the criminal act of leaving the scene after a car accident. It’s not required for the person fleeing the scene to have caused the accident. Whether you are at fault for the accident or not, leaving the scene is considered a crime.

California hit-and-run laws include two different offenses; one is a misdemeanor, and the other is a felony. The difference is whether or not there was injury or death. If there is only property damage, the act is a misdemeanor offense. In hit-and-runs that cause someone else to die or be injured, the offense becomes a felony.

If convicted of a misdemeanor hit-and-run, you could face the following penalties:

Up to six months in jail
Up to $1,000 in fines
Misdemeanor probation
Victim restitution

Felony hit-and-run penalties are more severe than misdemeanor charges and can include:

Up to four years in prison
Up to $10,000 in fines
Victim restitution

California’s DUI Laws

Driving under the influence (DUI) in California is a serious offense. It may be possible to face two charges: driving under the influence and driving with a blood alcohol concentration (BAC) of .08% or higher.

DUI is usually charged as a misdemeanor unless someone is injured, you have a previous felony DUI conviction, or you have prior convictions, including for DUIs or wet reckless driving convictions.

In California, DUI convictions stack onto each other, increasing the severity of penalties as more charges occur. Each successive conviction within a ten-year period leads to more serious consequences.

Can I Be Charged with DUI if I Was Drunk, Hit a Vehicle, and Fled the Scene?

Essentially, being charged with a crime relies on whether or not you get caught. Prosecutors must prove you were involved and that you were driving under the influence of alcohol if they choose to charge you with these crimes.

Depending on the circumstances of the accident, there may have been witnesses or evidence may be left at the scene. Leaving the scene of an accident is considered a hit-and-run in California. When a driver flees the scene for fear of being charged with DUI, that creates the possibility of being charged with additional crimes.

After an accident, each driver in California has a duty to stay on the scene, communicate certain information with other involved parties, and render reasonable aid to anyone who is hurt. Drivers who are uninsured, under the influence, or fear facing legal consequences for their actions may leave the scene in an attempt to avoid penalties. However, this poses a serious risk because of the possibility of being charged with the additional crime of hit-and-run.

Some drivers are so intoxicated that they do not realize they were involved in a collision. However, this does not excuse them from criminal charges and legal consequences if they are caught fleeing the scene. If you were driving drunk and left the scene of an accident, you will likely face charges for both DUI and hit-and-run if caught. This means you risk the penalties for both crimes, as well.

In most criminal cases, the judge is granted some flexibility in how they sentence the person upon a guilty verdict. The penalties must follow the legal limitations, but aside from that, judges can use their discretion for sentencing based on what they deem appropriate. Oftentimes, leniency is granted for offenders who do not have prior convictions or when there are no aggravating circumstances. When someone drives under the influence and leaves the scene of an accident, these two combined criminal acts may negatively affect sentencing. There is a higher chance that penalties will be toward the higher end of the legally allowed maximums in situations like this.

An experienced and skilled DUI defense lawyer can be invaluable in complex cases involving multiple charges, helping you reach a more favorable outcome such as: