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What is the Penalty for a DUI Hit and Run in California?

Posted by John Campanella | Jan 06, 2025 | 0 Comments

California's roads come with both freedom and responsibility, and the state's strict DUI (Driving Under the Influence) laws reflect its commitment to public safety. However, when DUI is compounded with a hit-and-run, the legal and personal repercussions can be devastating. Whether you're looking for clarity or preparing to navigate these charges, understanding the penalties and legal landscape is critical.


What Constitutes a DUI Hit and Run in California?

A DUI hit-and-run occurs when a driver under the influence of alcohol or drugs is involved in an accident and fails to:

  • Stop at the scene,
  • Provide their identifying information, and
  • Render aid if another person is injured.

Under California Vehicle Code Sections 20001 and 20002, all drivers must stop at the scene of an accident, regardless of the circumstances or their level of fault. Failing to fulfill this obligation can lead to criminal charges, which are only aggravated if the driver is under the influence.


Legal Penalties for a DUI Hit and Run in California

The penalties for a DUI hit-and-run vary based on the circumstances, but they are severe across the board. California law distinguishes between misdemeanor hit-and-run (typically property damage) and felony hit-and-run (involving injury or death).

1. Misdemeanor DUI Hit and Run

If the accident only involves property damage, the charges are typically classified as misdemeanors.

  • Fines: Up to $1,000, in addition to DUI-related fines that can range from $390 to $5,000.
  • Jail Time: Up to six months in county jail.
  • Probation: Informal probation for three to five years is common.
  • DUI School: Mandatory attendance at a DUI program.
  • License Suspension: The DMV may impose a suspension of up to one year.

2. Felony DUI Hit and Run

When an accident involves injury or fatality, the charges escalate to felonies, leading to far more severe consequences.

  • Fines: Up to $10,000 for the hit-and-run alone, with potential additional DUI-related fines.
  • Prison Time:
    • Up to four years for accidents involving injuries.
    • Longer sentences are likely in cases of fatalities, especially if gross negligence is proven.
  • Restitution: Courts may order the driver to compensate victims for medical expenses, lost wages, and other damages.
  • License Suspension or Revocation: A felony conviction often results in an extensive suspension or permanent revocation of driving privileges.

How DUI Hit and Run Charges Compound

In addition to the penalties for hit-and-run, DUI charges carry their own set of punishments, including:

  • Criminal Record: A DUI conviction stays on your record for 10 years and may be considered a prior offense in future cases.
  • Ignition Interlock Device (IID): Installation of an IID may be required for repeat offenders.
  • Alcohol or Drug Counseling: Completion of a court-ordered treatment program is often mandatory.

When combined, these penalties can have lifelong repercussions.


Collateral Consequences of a DUI Hit and Run

The aftermath of a DUI hit-and-run isn't limited to court penalties. Additional consequences include:

1. Civil Lawsuits

Victims of a hit-and-run can sue for damages, including:

  • Medical expenses,
  • Lost income,
  • Pain and suffering, and
  • Punitive damages designed to punish reckless behavior.

2. Professional and Personal Impact

A felony conviction can lead to:

  • Difficulty securing employment,
  • Loss of professional licenses, and
  • Stigma within the community.

3. Increased Insurance Premiums

Insurance providers view DUI hit-and-run drivers as high-risk, often resulting in skyrocketing premiums or outright cancellation of policies.


Defenses Against DUI Hit and Run Charges

Facing DUI hit-and-run charges can feel overwhelming, but with the right legal strategy, it is possible to mitigate the consequences. Common defenses include:

  • Lack of DUI Evidence: Questioning the validity of field sobriety tests, breathalyzers, or blood tests.
  • Unawareness of the Accident: If the driver did not realize they were involved in a collision.
  • Medical Emergencies: Establishing that leaving the scene was due to a legitimate emergency.

A skilled DUI attorney can evaluate the details of your case and craft a defense that challenges the prosecution's evidence.


Why You Need an Experienced DUI Defense Attorney

DUI hit-and-run cases are complex, and the stakes are high. Having an experienced attorney like John Campanella on your side ensures that your rights are protected. With decades of experience in DUI defense, John Campanella understands California's legal system and works tirelessly to secure the best possible outcome for his clients.


Contact John Campanella Today

If you or someone you know is facing DUI hit-and-run charges, don't wait to seek legal help. Early intervention can make all the difference in minimizing penalties and protecting your future.

Call (916) 498-8460 or visit Sacramento DUI Information to schedule a confidential consultation.

About the Author

John Campanella

I have been representing people accused of drunk driving since I began practicing in 1995. I am active member of the National College of DUI Defense, a member of California DUI Lawyers Association, I am certified by the National Highway and Traffic Association for the administration of Field Sobriety Tests. I regularly attend DUI continuing education of the Bar, have tried over 35 Jury Trials, hundreds of pretrial motions and over 1000 DMV hearings all relating to DUI cases.

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