What is the Difference Between a DUI Hit-and-Run and a Regular DUI?
A standard DUI conviction attracts severe penalties. You risk additional legal penalties when drunk or drugged driving causes an accident. The punishment for DUI will be increased further if, after causing the accident, you flee the scene without exchanging information with other parties involved in the crash or law enforcement. Here are the nuances that distinguish the crime of DUI hit-and-run from a standard DUI.
DUI Hit and Run and Standard DUI In a Nutshell
Per California VEH 20001, a driver must stop at a collision scene after causing harm or death and provide the police or victims of the accident with information. Even if the accident causes property damage, a driver should stop. Failure to pull over will breach VEH 20002a, which requires drivers to pull over after causing property damage.
The main element the DA should prove under VEH 20002 is that you escaped the scene after an accident that resulted in substantial property damage.
In contrast, a standard DUI under VEH 23152 refers to unlawfully operating a vehicle while intoxicated by alcohol or substances. The main element the prosecutor demonstrates is that you were impaired when you drove. The DA relies on the police report or an expert witness to show the court a driver had drug or alcohol content in the bloodstream. The drugs include narcotics and prescription drugs.
Additionally, the prosecutor relies on chemical and breath test results to show you drove with a blood alcohol concentration or weight above the designated limit of 0.08% for adult drivers, 0.04% for commercial auto drivers, or 0.01% for underage drivers.
Therefore, depending on the circumstances, you will face charges and a possible guilty verdict for DUI hit-and-run when you violate these sections simultaneously. However, these are two separate offenses that could be charged concurrently and carry severe penalties upon conviction. A guilty verdict for the offenses results in harsh penalties like prison confinement, financial court fines, withdrawal of driving privileges, and compulsory enrollment in DUI school.
Your Responsibilities After a DUI Collision
Per VEH 20001(a), it is illegal to escape an accident scene after a collision with a bystander, vehicle, another party’s property, stationary object, or an animal. If you leave the stage without exchanging information or offering assistance to those who are hurt, the police will find you and arrest you for hit-and-run.
If law enforcement officers succeed in stopping you after the crash, they will thoroughly examine your vehicle to establish if you are liable for the collision. They will look for evidence such as:
- Blood stains in the vehicle
- Cross-examining eyewitnesses to obtain an account of the events leading to the crash
- Reviewing video or surveillance footage
- Conduct chemical or breath tests to determine if you were driving while intoxicated
Police officers are not always at the collision scene. Therefore, you must act responsibly after an accident and find a safe spot to pull over. Your responsibilities are outlined under VEH 20003.
Once you stop the car in a secure location, you should check on the victims of the accident and any other affected party to ensure they are safe. If the car occupants are injured or trapped in the vehicle, do not try to remove them, as you could cause more injuries. Instead, call 911 for help from EMTs with the training and tools to help in these situations. If it is safe for the occupants to exit the car, help them seek immediate medical attention.
After ensuring everyone is safe, you can exchange your personal information with the victim or police or leave it to bystanders who will likely be present when law enforcement responds. The personal details you must share with these parties include:
- Your name
- Current physical address
- Your car’s registration number
With the details, the victim or police will quickly contact you or your car insurer to ensure victims receive justice or compensation. After exchanging information, if police were not present, you should drive to the nearest police station to report the accident.
Failing to stop after injury or killing someone in an accident is a felony offense that attracts life-altering penalties.
Car accidents can involve stationary objects or properties like unoccupied vehicles. Your responsibilities after an accident causing property damage are outlined under VEH 20002(a). They include:
- Stopping the car
- Find the damaged car or property owner where possible
- Exchange details
Finding a property owner, particularly at night, is not always straightforward. Therefore, if you hit and damage a building or unoccupied vehicle and cannot trace the owner, you should leave a note stating your name, car registration, and physical address. You should also explain the events leading to the collision and damage. You should then go to the police and report the accident. Leaving without performing the legal provisions under VEH 20002 is a misdemeanor violation.
You should know that you have an obligation to stop after being involved in an accident, whether you are liable or not. Even when not liable, you should share your details.
If stopping puts you at risk of harm, you should not stop until you find a safe spot. You can also drive to the nearest police station and report the accident for a quick response. Besides, the law excuses you from stopping if you are severely injured and require immediate medical care.
You could even be tempted to flee after an accident causing injuries or death, especially if you are drunk or drugged and are afraid the police will notice when they arrive or you go to report the accident. You are expected to feel scared, but fleeing the scene should not be an option because it will put you in more legal trouble. Stopping and oversharing details of the accident also means you could incriminate yourself even when you are innocent. Under the circumstances, you should call your criminal defense attorney for guidance on avoiding double counts or self-incrimination.
Standard DUI and DUI Hit-and-Run Elements
In a jury trial, the presiding judge gives the jury directions on the evidentiary standard for a drunk or drugged driving offense coupled with a hit-and-run accusation. The trier of facts must establish beyond moral certainty that:
- You drove a car
- When you drove, you were impaired by alcohol, controlled substances, or both
- While behind the wheel, you failed to undertake a legal obligation or engaged in an unlawful act
- Another party obtained harm or lost life because of the unlawful act or failure to perform legal mandates
Legal obligation or mandate refers to the responsibilities assigned to you by the law after an accident, depending on the unique circumstances.
The DA should demonstrate the elements of both DUI and hit-and-run to secure a guilty verdict. Per the jury directions, the DA should prove that:
You Were Involved In An Accident While Behind the Wheel
The DA must establish that your car was in a collision. They rely on eyewitness testimonies, video footage, or pictures taken on the stage. Eyewitnesses are crucial in hit-and-run accidents because they put the defendant at the scene. Therefore, if you must defeat the charges, your attorney should find a way to challenge the witness’s testimony about your involvement in the collision.
The Collision Caused Property Damage or Injuries
The prosecutor must furnish the court with proof of the injuries, including medical records of the victim's medical attention. Pictures of the injuries can also prove the accident caused injuries. Property damage can also be proved using photographs or a report from an accredited auto repair outlet if it is a damaged vehicle. They must also link these damages or injuries to the accident because victims can create losses or damages and try to pin them on another party. So, the DA should corroborate the collision that led to the damages or harm.
You Knew or Ought to Have Known That the Accident Caused Injuries or Property Destruction
The DA should show you knew that your actions had damaged property, caused injuries, or loss of life. If the prosecutor cannot prove this element, you can defend yourself by claiming you were unaware of the injuries or property damage from the collision.
You Abandoned Your Legal Obligations
Evidence must demonstrate you deliberately abandoned your responsibility under the law, including:
- Pulling over after the accident
- Furnishing the property owner, police, or victim with identifying information
- Not providing aid to the victims, even those with slight injuries
- Refusal to submit to DUI chemical or breath testing
You should know that DUI hit-and-run is a type of DUI offense, making it a priorable offense. A subsequent conviction for the same violation within ten years will attract harsher penalties.
DUI Hit-and-Run Categories
Drinking and driving is a serious offense whose penalties affect many aspects of your life. Therefore, after causing an accident while under the influence, many motorists escape the scene because of fear of persecution. Others do not honestly know if they have caused injuries or damaged property after an accident. Other reasons motorists escape accident scenes include:
- Driving without a valid driver’s license
- Fear of being arrested because of an outstanding arrest warrant
- Fear or panic
- Confusion on whether or not to report the crash
- Aggression from road users or other motorists
- Lack of car insurance
Whatever the reason for fleeing is, the prosecutor will charge you with a misdemeanor or felony DUI hit-and-run if you were intoxicated when the accident happened.
You will face misdemeanor charges if:
- The collision was minor, and there were no aggravating circumstances like loss of life, but you still opted to escape
- The accident was caused by impaired driving, and you fled the scene to avoid persecution for DUI even if no one sustained injuries
- You escaped after the accident because you damaged property
- The accident involved property or obstacles and not people
When a drunk driving hit-and-run accident involves other motorists or bystanders, it is a felony. The prosecutor lodges felony charges if someone died or sustained severe injuries, and instead of stopping to help, you escaped the scene. The gravity of the property destruction or injuries will not count when determining your charges. If people are involved, the offense is a direct felony. The prosecutor can file the VEH 20001, 20002, and 23152 charges.
Distinct Penalties for the Offenses
When found guilty of DUI, where there are accusations of escaping the scene after an accident, your penalties will depend on whether you have been convicted under VEH 20001 or 20002. VC 20001 provides penalties for offenses where victims sustained severe injuries like disability, while VC 20002 provides punishment where accidents cause property damage. The penalties you will face upon conviction depend on your case’s unique circumstances and aggravating factors like excessive BAC, previous DUI violations, and injury severity.
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Penalties for Injury-Causing Accidents
A guilty verdict under VEH 20002 is a misdemeanor punishable by:
- Jail confinement for at most one year
- Monetary court fines of no less than $1,000 and at most $10,000
- A combination of fines and jail time
Because you were impaired when you fled the scene after the collision, you will face additional DUI penalties, including:
- Summary or misdemeanor probation for at most 36 months
- Addition of two DMV points on your record
- Victim restitution
The trier of facts can impose any of these penalties or combine them. If the court convicts you of a felony under this statute, you will attract the same monetary fines, and the jail sentence will increase to 36 months.
Having an experienced attorney defend you in the proceeding is advisable. They can negotiate a favorable plea deal where you agree to compensate the victim for the losses in exchange for the hit-and-run charge dismissal.
When the prosecutor drops your hit-and-run charges, you will have only one charge remaining, which is for drunk driving. A guilty verdict for the offense will result in:
- 16, 24, or 36 months of prison incarceration
- Termination or suspension of your driving privileges
- $1,000 to $10,000 in court fines
Talk to your attorney early in the case to find evidence to enable them to negotiate a fair settlement for the VEH 20001a violation. That way, the charges will be dropped, leaving you with a DUI charge only.
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A Collision Leading to Severe Harm or Death
VEH 20001 is a DUI hit-and-run, a wobbler. Nevertheless, the gravity of the legal penalties hinges on the gravity of the violation. The misdemeanor penalties for a guilty verdict under VC 20001 are:
- Jail confinement that ranges from three to twelve months
- Financial court fines of between $1,000 and $10,000
- A combination of fines and jail sentences
If the prosecutor prefers felony charges, a guilty verdict will attract:
- 24, 36, or 48 months of prison incarceration
- Court-imposed fines of at least $1,000 and no more than $10,000
- Both court fines and prison confinement
Additional Charges or Penalties
A guilty verdict for the DUI hit-and-run attracts additional penalties, including:
- Two DMV points on your record
- Six months of license suspension if you earn four points within twelve months
The conviction will also affect your auto insurance. The insurer can cancel or increase the premium if you have an active policy, forcing you to purchase another or pay more for the same coverage. Besides, you will pay the extra uninsured amount required if the victim sues your insurer for payment for property destruction.
Furthermore, other accident victims can sue you to claim damages if you are the at-fault party. Again, if the victim dies, their descendants or estate can sue you for wrongful death, meaning you will part with more money if they win the case.
The DA could also file vehicular manslaughter charges against you under PEN 191.5 if you escaped the scene after killing someone.
Contesting DUI Hit-and-Run Charges
When a DUI entails fleeing an accident scene, you can face charges under VC 23152, 20002, and 20001. When you are to fight these charges and prevent a conviction successfully, your defense attorney must evaluate the evidence submitted against you in court and poke holes to avoid a guilty verdict.
Your attorney can start by arguing that you were not driving. You are innocent if you were misidentified or another party was operating the car. Video footage or eyewitness testimony can help prove you were not driving.
Similarly, you can assert that you did not willfully abandon your legal duties after the accident. You can claim that you had severe injuries requiring immediate attention or that the bystanders were becoming aggressive and, therefore, could not stop for your safety.
Also, you can claim you did not know about the accident, injuries, or property damage as the accident was minor.
Other defense strategies include:
- You were not intoxicated when the accident happened
- You were not at fault for the accident
Find a Competent DUI Defense Attorney Near Me
A DUI hit-and-run or standard DUI charge can lead to devastating consequences upon conviction. However, this should not mean your case is hopeless. With the assistance of a competent attorney, you can reduce the charges or penalties or secure a charge dismissal. We can help lower your charges or obtain a dismissal at the Koenig Law Office. Contact us at 661-793-7222 to discuss your case in the City of Bakersfield.