It's a sobering reality in criminal defense that individuals involved in DUI accidents often find themselves entangled in hit-and-run cases. The sequence is all too familiar accident occurs, they realize they're intoxicated, and then they flee the scene, either on foot or in the vehicle involved in the accident. 

Then, the legal process unfolds. If the police manage to obtain the vehicle's license plate, they will often visit the person's home, identified through the DMV, based on a witness's account. This is a crucial step in the investigation of a hit-and-run case. The individual will then be summoned to appear in court, where they will be formally charged and have the opportunity to present their defense.

Other times, if the accident is not that severe, they will assign the case to a detective who will then follow up with phone calls and letters, and eventually, a warrant will be issued for the person's arrest.

The one thing that is beneficial if you leave the scene in a DUI situation is that if the police don't catch you close in time to the accident, they can't get you for the DUI.  They'll be able to contact you for the hit and run if they can prove that you were the one driving the car.

As far as what you're facing, if you're charged with both a DUI and a hit and run, it depends on whether or not there are any injuries.  If there are no injuries, then you're facing a year for the hit and run and a year for the DUI. 

If it's your second, third, or fourth offense, the potential for increased time in custody is a stark reality.  However, if there are no injuries, there's a good chance we can keep you out of custody. But, the additional charge of hit and run significantly escalates your perceived danger in the eyes of the prosecutor and judge, leading to additional punishment.  Our Los Angeles DUI lawyers will delve into this further.

Misdemeanor Hit and Run - Vehicle Code 20002 VC

Depending on the details of the accident, a hit-and-run accident can be prosecuted in California as a misdemeanor or a felony. As described below, most hit-and-run offenses are filed as misdemeanors.

Vehicle Code 20002 VC - hit-and-run involving only property damage but no injuries. Violating VC 20002 is always charged as a misdemeanor. A conviction carries a penalty of a fine of up to $1000, six months in jail, along with a 2-point penalty on their driver's license.

VC 20002 is legally defined as follows: “Any vehicle driver who was involved in an accident only causing damage to property or vehicle shall stop at a nearby location that won't impede traffic or jeopardize the safety of other motorists.” Put simply, if you are involved in an accident causing property damage, then:

• you are required to stop immediately nearby;
• you must provide the other party with your name and address;
• if requested, you have to provide them with your driver's license and car registration.

You can still be arrested for a hit-and-run even if you were not responsible for the car accident.

Felony Hit and Run - Vehicle Code 20001 VC

This law makes it a serious crime to leave the scene of a car accident when someone is injured or killed—vehicle Code 20001 VC - a hit and run causing physical injury or death. VC 20001 is a "wobbler" that can be charged as a misdemeanor or a felony, but in reality, a hit-and-run with severe injuries will be filed as a felony.

If convicted of felony hit-and-run, a defendant faces fines of up to $10,000 and up to four years in jail. Again, like VC 20002, it doesn't matter who caused the accident.

Vehicle Code 20001 VC legally defines felony hit and run causing injury as “Any driver of a vehicle that was involved in an accident causing injury or death to someone shall immediately stop the vehicle at the scene of the accident...” Understanding these legal definitions will make you feel more informed and knowledgeable about your situation. 

What are the Punishments?

There's undoubtedly a whole host of punishments that could be given to somebody involved in a hit-and-run DUI.  They include:

• potential jail time,
• loss of your license,
• community service,
• Caltrans,
• Mothers Against Drunk Driving course,
• having to go to the hospital and morgue.

Many different punishments depend on how dangerous the prosecutors and judge perceive you. Often, when the person goes in for their arraignment, if they have a high blood alcohol level and were involved in a hit-and-run, the judge will not let them remain on their own recognizance. They'll either make them post bail or put certain conditions on them.

One of the conditions that I've seen is making them do AA meetings while they're out on their recognizance.  Other more severe conditions have to do with wearing an ankle monitor, which measures whether you have any alcohol in your system. The judge orders you that while you're out on your recognizance, you cannot drink any alcohol. If the monitor goes off, you could be taken into custody.

Defenses for a DUI Hit-and-Run

So, if you're involved in a DUI, and there's an additional hit-and-run, it's a complex situation.  You're going to need an attorney like me, who's been doing this for 30 years -- worked for the District Attorney's office, worked for a Superior Court judge, and then been a criminal defense attorney helping people just like you since 1994. Your first step should be to seek legal advice and representation. This will provide you with the guidance and reassurance you need during this challenging time.

So, pick up the phone.  Make the call.  Ask for a meeting with Ron Hedding.  We're very effective at cutting down some of the problems associated with a DUI/hit-and-run situation. There are also sometimes problems of proof for the prosecutor and police. 

If the person left the scene, they often have issues being able to tie them into the actual accident itself. Again, depending on the circumstances -- and it's very also tough if they don't get that blood or breath within three hours of the accident, that's very difficult for their expert to extrapolate backward and figure out what your blood alcohol level is was at the time of the driving. 

Who cares what it was hours or days later?  We need to know what it was at the time of the driving, and if they can't prove that, they won't be able to prove the DUI case against you.

So, don't just read stuff on the internet.  Come and meet with somebody who has a lot of experience.  If you're looking, you've fortunately landed in the right place.  I've handled thousands of hit-and-run DUI cases just like yours.  Make the call.  I stand at the ready to help you.  The Hedding Law Firm is based in Los Angeles County, and we offer a free case consultation.