DUI Hit and Run - Frequently Asked Questions

Getting charged with a DUI hit and run can be scary and confusing. Let's break down some of the most common questions people have when facing these charges.

What exactly is a "hit and run?"

A hit and run refers to a driver who is involved in an accident but then flees the scene without stopping to exchange information or render aid. Under California law, all drivers involved in an accident must stop at the scene, provide their name and registration, and offer assistance to any injured parties (even if it's just calling 911). Failing to do this turns the accident into a criminal "hit and run." And if alcohol or drugs were involved, you can face DUI hit and run charges.

What laws apply to DUI hit and runs in California?

There are two main laws at play:

• California Vehicle Code 20001 - Hit and Run
• California Vehicle Code 23152 - Driving Under the Influence (DUI)

So the DUI hit and run charge combines these two violations into one case. The prosecution has to prove you were both intoxicated AND committed a hit and run by fleeing the scene.

What are the penalties for DUI hit and run?

Because you're looking at two different criminal charges, the penalties can really add up. Exact sentencing depends on the details of your case, but possible consequences include:

• Up to 1 year in county jail for the basic DUI
• An additional 90 days to 1 year for the hit and run
• Fines up to $1,000 for DUI plus additional fines for the hit and run
• A suspended license for up to 1 year
• Probation
• Restitution to victims
• An ignition interlock device on your vehicle

And if there were injuries or your DUI is a felony, you could face state prison time. The judge has a lot of discretion in sentencing.

How does the prosecution prove DUI hit and run charges?

Prosecutors have to prove two things - that you were driving under the influence AND committed a hit and run. Some evidence they may use includes:

• Witness statements placing you as the driver
• Damage to your vehicle matching the accident
• Physical evidence like empty containers or drugs/paraphernalia in your car
• Your BAC level from blood or breath tests
• Admissions you made about drinking or fleeing the scene
• Video footage of your driving, actions at the scene, or field sobriety tests

With a hit and run, the main thing is proving you were involved in the accident and then intentionally fled. Things like matching paint scrapes or car parts can help identify your vehicle.

What are some defenses in DUI hit and run cases?

Some potential defenses include:

• You weren't actually the driver - Mistaken identity is possible if witnesses didn't get a clear view.
• No proof you were impaired - You can fight field sobriety or chemical test results.
• No evidence you hit anyone or were in an accident - The prosecution has to prove this with solid evidence.
• You didn't realize an accident occurred - For example, someone sideswiped you while changing lanes.
• You intended to stop but had an emergency - Like needing to rush an injured passenger to the hospital.

An experienced DUI defense attorney can evaluate the evidence against you and build the strongest defense.

Should I speak to police if accused of DUI hit and run?

Never. Once you're accused of DUI hit and run, invoking your right to remain silent is critical. Be polite but firm and do not answer any questions without an attorney present. Anything you say can be used against you.

What should I do if I'm involved in a DUI accident?

First, pull over and stop as close to the scene as safely possible. Call 911 to report the accident and request medical help for anyone injured. Wait at the scene and cooperate with police. Be polite and don't resist sobriety testing. But don't answer questions if arrested until you speak to a DUI defense lawyer.

How can I avoid a hit and run charge after an accident?

As long as you immediately stop, provide your information, and offer reasonable assistance, you should avoid hit and run charges. Even if you were drinking, the law only requires you to stop - not admit fault or incriminate yourself. Your top priority should be checking for injuries and calling 911.

What should I do if accused of DUI hit and run?

Do NOT try to talk to police, make excuses, or admit anything. The only person you should discuss the case with is your DUI defense attorney. A skilled lawyer can review the evidence, build defenses, negotiate with the DA, and challenge any unconstitutional actions by police. This is your best chance at minimizing penalties. Facing DUI hit and run charges is scary. But understanding your rights and options is the first step in navigating the legal process. With an experienced attorney on your side, you can develop the strongest possible defense.