16 May The Connection Between DUIs and Hit-and-Run Charges
When a driver is involved in an accident and flees the scene while under the influence, prosecutors rarely choose one charge over the other. Instead, they “stack” them. This means you face the penalties for the DUI plus the penalties for the hit-and-run, often resulting in consecutive sentences rather than concurrent ones.
Understanding the “Why”: Why Impaired Drivers Leave the Scene
It is a common human reaction to feel a “fight or flight” response during a crisis. When alcohol or drugs are involved, this instinct is amplified while judgment is severely impaired. Many individuals leave the scene not because they are “criminals,” but because of:
Panic and Shock: The sudden loud noise and deployment of airbags can cause a state of temporary mental fog.
Impaired Judgment: Alcohol affects the prefrontal cortex, the part of the brain responsible for weighing consequences.
Fear of Arrest: The realization that they have been drinking leads to a desperate, irrational attempt to avoid the police.
The “Flight as Evidence” Trap
One of the most dangerous aspects of a combined charge is how the prosecution uses your departure against you. In court, “flight” is often presented as circumstantial evidence of guilt. The prosecutor will argue that the only reason a person would flee a scene is that they knew they were intoxicated and wanted to let the alcohol dissipate before being tested. This makes defending the DUI charge significantly harder.
Defining the Charges Under the California Vehicle Code
To fight these charges, you must understand exactly what the state is trying to prove. California law divides these offenses into specific categories based on the damage caused.
DUI Basics: VC § 23152
This is the standard DUI charge. It applies if you are driving with a Blood Alcohol Content (BAC) of 0.08% or higher, or if your ability to drive is impaired by any substance, including legal marijuana or prescription medications.
Misdemeanor Hit-and-Run: VC § 20002 (Property Damage)
If you hit a parked car, a fence, or even a mailbox and leave without locating the owner or leaving a note, you can be charged with a misdemeanor. Even if no one was hurt, the law requires you to stop immediately.
Felony (Wobbler) Hit-and-Run: VC § 20001 (Injury or Death)
If an accident results in injury or death to another person—including your own passengers—and you leave the scene, the charge “wobbles” between a misdemeanor and a felony. Given the presence of a DUI, prosecutors almost always push for the felony level.
The Combined Penalty Picture: What You Are Actually Looking At
The consequences of a hit-and-run DUI are cumulative. You aren’t just looking at one set of fines; you are looking at two.
Scenario A: Misdemeanor DUI + Property Damage Hit-and-Run
Even in a “best-case” scenario where no one is hurt, you could face:
Up to one year in county jail.
Fines totaling several thousand dollars.
A mandatory 3-month to 9-month DUI school.
Three years of informal probation.
Scenario B: Felony DUI + Injury Hit-and-Run
This is a life-altering legal event. Penalties include:
Two to four years in California State Prison.
Revocation of your driver’s license.
Hefty restitution payments to victims.
The Financial Burden: Fines vs. Victim Restitution
Many people confuse fines with restitution. Fines are paid to the court as punishment. Restitution is money paid directly to the victim to cover their medical bills, lost wages, and vehicle repairs. In hit-and-run cases, restitution can easily reach tens of thousands of dollars, and it cannot be discharged in bankruptcy.
Securing Release: Bail for Hit-and-Run DUI Charges
When you are arrested for “stacked” charges, the bail amount is usually much higher because the bail schedule adds the amounts for each individual crime together. This is where Armstrong Bail Bonds becomes an essential lifeline.
How Bail is Set for Stacked Charges
The court uses a “Bail Schedule” to determine the cost of release. For example, if a DUI bail is set at $5,000 and a Felony Hit-and-Run is set at $30,000, your total bail could be $35,000. For most families, coming up with this much cash on short notice is impossible.
The Armstrong Bail Bonds Advantage
Serving Southern California since 1926, Armstrong Bail Bonds understands the urgency of these situations. As a third-generation family business, they provide:
1% and 2% Bail Bond Options: For those who qualify, Armstrong offers some of the lowest rates in the industry, ensuring that a high bail amount doesn’t keep you behind bars.
Fast-Track Release: With deep roots in Los Angeles, Orange County, and San Diego, Armstrong’s bondsmen can often secure a release in as little as 30 minutes once the paperwork is processed.
24/7 Availability: Legal emergencies don’t keep office hours. Armstrong is available 24 hours a day, 7 days a week, to take your call and start the process.
Critical Defenses Against DUI and Hit-and-Run Charges
An arrest is not a conviction. There are several legal avenues an experienced attorney can use to challenge the prosecution’s case.
Challenging the DUI: Breathalyzers are prone to error. Factors like GERD (acid reflux), “mouth alcohol,” or a rising BAC can lead to false high readings.
The “Mistake of Fact” Defense: In some cases, a driver may strike an object and genuinely believe they hit a pothole or a piece of debris rather than another vehicle. If there was no “knowledge” of an accident involving another person or property, the hit-and-run charge may not stick.
Emergency Circumstances: If you fled the scene because you felt your life was in immediate danger—for example, if the other driver brandished a weapon or an angry crowd gathered—this may serve as a valid defense for leaving the scene.
Professional and Personal Long-Term Impacts
The damage of a hit-and-run DUI extends far beyond the courtroom. It can follow you for decades.
Impact on Professional Licenses
If you are a nurse, doctor, lawyer, or teacher, a felony conviction can trigger a mandatory review by your state licensing board. In many cases, this leads to a suspension or permanent revocation of your right to practice your profession.
The “Strike” Law
If the hit-and-run resulted in “Great Bodily Injury” (GBI), it can be counted as a strike under California’s Three Strikes Law. This significantly increases the prison time for any future offenses.
Insurance and the SR-22
After a DUI hit-and-run, your insurance company will likely drop your coverage. To get your license back, you will be required to file an SR-22 form, which proves you have high-risk insurance. This often results in premiums that are 200% to 300% higher than normal.
Frequently Asked Questions (FAQ)
Can I be charged with both even if I didn’t cause the accident? Yes. In California, the duty to stop and provide information applies regardless of who was at fault for the collision. If you were hit by someone else but drove away because you were intoxicated, you can still be charged with a hit-and-run.
What if I panicked and drove home but called the police an hour later? While calling the police later shows a degree of responsibility, it does not legally “undo” the hit-and-run. However, an attorney can use this “voluntary disclosure” to negotiate for a lesser sentence or a misdemeanor instead of a felony.
Does turning myself in help my case? It can. It often prevents a “warrant arrest” at your home or workplace, which is much more traumatic. Contacting Armstrong Bail Bonds before you turn yourself in allows them to have the bond ready, potentially resulting in a “book and release” so you spend almost no time in a cell.
Will the police check my vehicle’s “Black Box”? Most modern cars have an Event Data Recorder (EDR). This device records speed, braking, and impact force. Police often use this data to prove that the impact was significant enough that the driver must have known an accident occurred.
Can Armstrong Bail Bonds assist with both Misdemeanor and Felony bonds? Absolutely. Armstrong handles everything from simple traffic-related misdemeanors to complex high-stakes felony bonds across all of Southern California.
Conclusion: Protect Your Future Today
A hit-and-run DUI charge is a crossroads in your life. The decisions you make in the hours following an arrest will determine your trajectory for years to come. Do not leave your freedom to chance or settle for an inexperienced bond agent.
Since 1926, families have trusted Armstrong Bail Bonds to provide fast, professional, and empathetic service during their darkest hours. Whether you are in Los Angeles, San Diego, or Orange County, our team is ready to bring your loved one home.
Don’t wait. Secure your release and start building your defense now.