A prosecutor may charge you with many offenses if you leave the scene of an accident while driving under the influence of alcohol or drugs.
It’s against the law to leave the scene of an accident in California. If you are involved in an accident, you must immediately stop, give the other party your contact and information, and help anyone who may be injured. Failing to do any of these things can result in a criminal charge. If you were under the influence of alcohol or drugs at the time of the accident, you may face several criminal charges — and very serious penalties.
The Law on Hit and Runs
California law makes it a crime to leave the scene of an accident without identifying yourself, as described above. It is charged as a misdemeanor if nobody was hurt, and the only damage that occurred was to property (such as another vehicle, a building or sign). However, if someone (other than you) was hurt or killed in the accident, you could be charged with a felony hit and run.
It is not a defense to a hit and run charge that you did not cause the accident. Even if you are entirely blameless, you can still be charged with a hit and run if you left the scene of an accident. The penalties for a hit and run are severe. If it is charges as a misdemeanor, you could face up to 1 year in county jail and a fine of between $1,000 and $10,000. If the prosecutor chooses to charge it as a felony, then the fines range from $1,000 to $10,000 and from sixteen months to three years in state prison. If someone else was killed or suffered a serious injury, the potential prison time is increased to two to four years.
DUI Hit and Runs
If a driver was under the influence of alcohol or drugs at the time of the accident and leaves the scene, then he or she may be facing additional changes on top of the hit and run offense. This could include:
- Driving Under the Influence
- Reckless Driving
- DUI with Bodily Injury
- Vehicular Manslaughter While Intoxicated
- Gross Vehicular Manslaughter While Intoxicated
These charges will take into account any prior DUI or wet reckless convictions in the past 10 years.
Defending Against DUI Hit and Run Charges
If you have been charged with a hit and run and related DUI charges, you will require a highly experienced Los Angeles County DUI attorney. The potential for severe consequences is incredibly high in these cases, particularly if someone else was hurt in the accident.
A skilled DUI defense attorney will carefully examine the facts of your case to determine if there are any potential defenses that could lead to a reduction or dismissal of the charges or an acquittal at trial. These defenses could include arguing that you were not the driver, that you were not actually intoxicated at the time of the accident, or that you did knot willfully leave the scene of the accident. You could also argue that you weren’t aware that you were in an accident — such as if you have a large vehicle and lightly bumped a much smaller car. If you were the only person injured in the accident (in a felony DUI case), then the charges could also be reduced or dismissed.
Multiple charges related to an accident involving a hit and run and driving under the influence require a smart, aggressive lawyer who is knowledgeable about DUI law and potential defenses. Attorney Dan E. Chambers is a skilled Los Angeles County DUI attorney who will zealously advocate for you to protect your legal rights and your freedom. If you want to achieve that best possible outcome on your DUI Hit and Run case, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com.
