DUI hit and run charges occur when you cause an accident while operating under the effects of alcohol or drugs and flee from the crash scene. It is a grave crime in California, resulting in a lengthy prison time, hefty fines, and other life-changing consequences. Drivers must always be careful when operating on public roads to avoid causing accidents that could cause injury to others. When a vehicle accident happens, you must stop to offer assistance and report to the police. Failing to do so will result in severe charges on top of DUI charges and could increase your prison term and court fines after conviction.
If you face DUI hit and run charges in Orange County, our Orange County DUI Defense Lawyer Group team is ready to take you through the legal process and fight with you for a fair outcome. We will use the best legal defense strategies to convince the jury to dismiss or reduce the charges.
Requirements of a Driver After an Accident in California
The state of California strives to make its roads safe for all users, including motorists, cyclists, motorcyclists, and pedestrians. It has rules in place that govern each party to ensure that everyone is doing their part in contributing to road safety. For instance, motorists must observe speed limits, abide by all traffic rules and avoid behavior that could compromise their safety and other users. Thus, drivers must not operate under the effects of alcohol or drugs. Substances impair a driver's ability to use a vehicle safely. California has severe consequences for anyone determined guilty of operating a vehicle while intoxicated.
Additionally, drivers must be willing to stop and offer assistance in an accident. Some accidents are inevitable, but that does not mean that you must continue your journey as if nothing happened. Most drivers panic when in a car accident and quickly flee the scene to avoid being implicated in the crash. That would be a wrong move that could result in criminal charges for Hit and Run. You must stop, even if no one was injured or no property was damaged. It would be best to stop even though you did not cause the accident.
No one is prepared for an accident. Accidents occur when we least expect them. You can be in a vehicle accident while rushing home after work, going to work, or even rushing for a necessary appointment with someone important. That should not be an excuse for anyone to flee the crash scene. An injured person could need help, and you would be the best person to offer assistance. It takes the police a few minutes to arrive at an accident scene. An injured person's situation could deteriorate within those minutes.
Requirements To Stop After Property Damage
California law provides a detailed guideline on what motorists must do once they are in a vehicle accident. California VC 20002 states that you must stop at the nearest possible location if you are in a car accident that only resulted in damaged property. If you hit a stationary object on the road and damage your vehicle and/or the object, or you crashed with another motorist, and their vehicle was damaged, you must stop it. The place where you stop must not interfere with the traffic or the other motorists' safety.
All drivers in that accident must stop, regardless of who among them was at fault for causing the accident. Once you stop at the scene, you must:
- Identify and inform the person whose property was damaged in the crash — Remember that the other person could be the other driver whose vehicle was in the crash, a bike owner, or even a property owner whose building or gate was damaged in the accident.
- Provide your identifying details to the property owner, comprising your name, address, and car registration number
- Provide your driver's license to the property owner upon request
The information you provide to the other driver or property owner must include your current address. If the vehicle you were not driving was not yours, give the vehicle owner's name, address, and phone number. If the vehicle owner is also present at the crash scene, they could also provide their driver's license upon request by the other parties in the crash.
Remember that stopping at an accident scene and providing your identifying details does not mean you are responsible for causing the accident. You must do so even if another party or factor caused the accident. The requirement is for all drivers in a vehicle accident.
If you are in an accident involving another vehicle, and the car is empty or parked, the law requires you to leave a written note in a visible place on that vehicle, providing your identifying information, including a phone number through which the vehicle owner can contact you. You will then notify the police of the accident and only leave the crash scene once the police have allowed you to do so.
Consequences for Failing to Stop After Property Damage
You must stop and provide your details regardless of the type of accident or property damage. For instance, if you run into someone's gate or mailbox or hit someone's pet, you must stop and give the owner your name, address, and phone number. You must stop even if you were not at fault, someone else caused the accident, or the accident was unavoidable. Failing to do so will attract misdemeanor Hit and Run charges.
You can be tempted to stop briefly and continue driving after realizing that no one was injured or no property was damaged at the scene. Remember that the law provides that you must stop. If no one was injured, but the property was damaged in the crash, you could face misdemeanor Hit and Run charges if you fail to stop regardless of the cause of the accident.
If another person caused the accident you were involved in, you would still face Hit and Run charges if you do not stop, even if the party at fault is held liable for the crash.
Requirements to Stop After an Injury or Death
Some vehicle accidents are more severe than others. Some result in property destruction, while others result in injuries and death. The law requires you to stop your vehicle if you are in a car accident, regardless of its cause or outcome. Once you are out of your car, check whether someone was injured in the crash. You must assist the wounded, including first aid, or call an ambulance to have the injured rushed to an emergency room.
Additionally, you must notify the police without any delay of the accident and the injured. If the crash occurred in an unincorporated area, you should immediately inform the state Highway Patrol. You should also provide your identifying details to anyone at the scene of the accident to make it easier for them to contact you in case of a need.
These duties also apply if the injured person was a passenger in your vehicle. If you leave the crash scene with an injured person in your car without stopping to help them and notify the police, you will be guilty of fleeing the crash scene.
California DUI
DUI hit and run charges will suffice if you fail to stop at an accident scene while operating a vehicle under the effects of drugs or alcohol.
DUI is a grave offense in California, attracting severe consequences after conviction, including time in jail/prison, hefty fines, and a possibility of losing your driver's license. The law against DUI in California is under Vehicle Code 23152. You face two charges under California VC 23152(a) and VC 23152(b) when the police arrest you for drunk or drugged driving. The former is the law against operating a vehicle while under the effects of drugs or alcohol, and the latter is the law against operating a car with a BAC of .08% or more.
DUI arrests occur when the police arrest a motorist suspected of operating under the effects of drugs or alcohol. That could happen on the road as you drive or at a DUI checkpoint. The arresting officer must have probable cause to arrest you for DUI. You violated a traffic infraction, and the officer became more suspicious after stopping and investigating you. After a DUI arrest, the officer takes you to the station, where they conduct a further investigation to support DUI charges.
The officer can conduct a preliminary investigation for DUI before arrest. But, you are not obliged to submit to those tests. However, you could face criminal charges for failing to submit to BAC testing after a DUI arrest. California police use breathalyzers or blood tests to test drivers' blood-alcohol concentration. The results are used as evidence in court. If the court finds you guilty of driving while intoxicated, you will face the consequences provided under the law for the specific offense.
First, second, and third DUI offenders face misdemeanor charges that subject them to jail time, court fines, and suspension of their driver's license upon conviction. You can fight your charges in court for a dismissal or reduction. Fourth, DUI offenders face felony charges, which subject them to more harsh penalties after conviction, including a possibility of permanently losing their driver's license.
California DUI Hit and Run
DUI hit and run involves two severe offenses that are highly punishable in California.
DUI is a severe priorable offense whose penalties increase with the number of previous DUI convictions on your criminal record. For instance, if you are arrested for the third time in ten years for DUI, you will face a misdemeanor 3rd DUI charge. A third DUI is more severe and attracts more severe penalties than a first DUI charge, even though they are both misdemeanors.
Hit and Run is also a severe offense committed by those who leave an accident scene when in a vehicle accident.
DUI hit and run charges attract charges for both DUI and Hit and Run. Thus, the prosecutor must prove the two offenses beyond a reasonable doubt. According to the law, you will face two consecutive penalties if you are determined guilty of DUI and Hit and Run.
If you face DUI hit and run charges in California today, you will first face trial for DUI. The prosecutor must prove the following elements for the court to find you guilty of DUI:
- The police had a probable cause for your arrest
- You were operating a vehicle when the arrest happened
- You were driving it under the effects of drugs or alcohol
- Your BAC level when the police made the arrest was .08% or more
Once the judge finds you guilty of DUI under California VC 23152, the prosecutor will proceed to read your charges for fleeing an accident scene under California VC 20002. For this, the prosecutor must prove the following elements beyond a reasonable doubt:
- While operating under the effect of drugs or alcohol, you were in a vehicle accident.
- That accident resulted in damage to another person's property, or
- The accident caused another person to incur injuries or lose their life.
- You were aware or must have known that someone else's property was damaged in the crash, or another person was injured or lost their life.
- You willfully failed to stop and offer assistance or leave your identifying details at the accident scene.
If the prosecutor successfully proves all these elements beyond a reasonable doubt, the court will find you guilty under California VC 20002.
Penalties for a DUI Hit and Run Conviction in California
DUI hit and run attracts two separate charges under California laws. A conviction for the same will be punishable by two different penalties you should serve consecutively.
Penalties for a DUI conviction will depend on the details of your case.
A first DUI conviction is a misdemeanor, punished by:
- A maximum of six months in jail
- Court fines of $1,000
- DUI school for three to nine months
- Driver license suspension for four months
A second DUI occurs within ten years of the first. It is a misdemeanor, punished by:
- A maximum of one year in jail
- Court fines of $1,000
- Driver license suspension for two years
- DUI school for eighteen to thirty months
A third DUI occurs within ten years of the first. It is still a misdemeanor, punished by:
- A maximum of one year in jail
- Court fines of $1,000
- Driver license suspension for three years
- DUI school for thirty months
A fourth DUI occurs within ten years of the first. It is a felony, punishable by:
- 16 months, two or three years in prison
- A fine of $1,000
- License suspension for up to five years
- Eighteen to thirty months of DUI school
After issuing you the sentence for DUI according to the details of your case, the judge will continue with your hit and run charges.
Hit and run resulting in property damage is a misdemeanor in California, punishable by:
- A maximum of $1,000 in court fines plus penalty assessments
- Up to six months of jail time
Hit and run resulting in injuries or death is a wobbler offense, as provided under California VC 20001. It means that the prosecutor can charge it as a felony or misdemeanor. Penalties depend on the gravity of the injury.
As a misdemeanor, Hit and Run with injury is punishable by:
- Court fines totaling $10,000
- Payment of restitution to the victim
- Two points on your driver's record
- A maximum of one year in jail
A felony hit and run with injury or death will attract the following penalties:
- Court fines totaling $10,000
- Payment of restitution to the victim or the victim's family
- Two points on your driver's record
- Sixteen months, two or three years in prison
Possible Legal Defense Strategies for a California DUI Hit and Run Charge
A conviction for DUI hit and run is life-altering. Its consequences will affect several aspects of your life, including your freedom and social and career lives. Thus, it is advisable to fight your charges to compel the jury to drop or dismiss them during the trial. Fortunately for you, that could be possible when you engage the help of a competent DUI defense lawyer. Your lawyer will use some of the best legal defense strategies allowed by law to fight and deliver a fair outcome for your case. Some of these strategies are:
You Were Not Driving While Intoxicated
The first strategy your lawyer can use is to fight your DUI charges. Hit and run charges attract more severe penalties when combined with DUI charges. If the jury cannot find you guilty of DUI, you will only face trial for Hit and Run.
Remember that DUI is among the most severely punished offenses in California. Other than time in jail and paying a hefty fine, you could lose your driving privilege temporarily or permanently once you are guilty of DUI. Here are some of the strategies your lawyer can use to fight your DUI charges:
- The police did not have probable cause for your arrest
- You were not the one driving when the police stopped you
- The field sobriety tests administered by the police were faulty
- The BAC blood test was not administered according to the law
- The breathalyzer was faulty or not properly calibrated
- Alcohol detected in your breath was due to something you had consumed before driving or GERD
- You were a victim of a rising BAC level
- The police did not conduct themselves according to the law during and after the arrest
- The police did not read your Miranda rights after the arrest
If the court does not find you guilty of DUI, the judge will dismiss your DUI charges and try you for fleeing the scene of an accident.
Only Your vehicle Was Damaged
You can use this defense to fight your charges under vehicle Code 20002. The law requires a driver to stop, offer assistance and provide their identifying details if in a car accident in which someone else's property was destroyed, or another person was injured or lost their life. Thus, you cannot be guilty of fleeing the crash scene if only your vehicle were damaged at the crash scene.
You Were Not The Driver
You could not face charges under VC 20002 if you were not driving the car in the accident. If someone else was using your vehicle when the accident happened, or your vehicle had been stolen, someone else would be guilty under this statute and not you. But, it would be best if you convinced the jury that you were not driving your car at that instance. Remember that you will not be required to prove that another person was the driver.
Only You Were Injured in the Accident
You can not face a Hit and Run conviction if only you were injured in the accident. It could be that you needed urgent medical care and had to rush to the emergency room before the police arrived. You will only be guilty if someone else other than you was injured in the crash and you fled the scene.
You Did Not Know About the accident.
You could have hit something or someone and not know about it. Vehicle Code 20002 requires the defendant to have knowingly left the scene of an accident without offering help or exchanging personal information. The judge could dismiss your charges if you can convince the jury that you didn't know about the accident.
