Being involved in a car accident while under the influence of alcohol is a serious offense in California. Leaving the scene of that accident makes the situation significantly worse. When DUI and hit-and-run charges are combined, drivers can face multiple criminal charges, enhanced penalties, and long-term consequences.
If you or a loved one is facing allegations of drunk driving and leaving the scene, understanding California law is critical. Below is a clear overview of what happens legally and what penalties you may face.
Can You Be Charged with Both DUI and Hit and Run?
Yes. In California, DUI and hit-and-run are separate criminal offenses, and you can be charged with both from the same incident.
A driver may face DUI charges if prosecutors can prove they were operating a vehicle while impaired by alcohol or drugs. At the same time, leaving the scene of an accident without stopping, providing information, or rendering aid constitutes a hit-and-run offense.
Even if you flee to avoid being arrested for DUI, law enforcement may still identify and charge you later based on:
- Witness statements
- Surveillance footage
- License plate identification
- Vehicle damage evidence
- Statements made during questioning
In many cases, drivers who flee are ultimately charged with both offenses.
Your Legal Duty After a Crash in California
Under California law, drivers involved in an accident must:
- Stop immediately at the scene
- Exchange identifying and insurance information
- Provide reasonable assistance to injured persons
- Notify law enforcement if required
Failing to do so - even if the accident was minor - can result in hit-and-run charges.
Leaving the scene is treated seriously because accident victims may need immediate medical attention, and drivers are legally required to take responsibility for their actions.
Criminal Charges You May Face
If you crash your car while intoxicated and leave the scene, you may face multiple criminal charges, including:
Driving Under the Influence (DUI)
To convict someone of DUI in California, prosecutors must prove:
- You were driving a vehicle; and
- You were impaired by alcohol or drugs or had a BAC of 0.08% or higher.
Even a first DUI conviction can result in:
- Fines
- License suspension
- Probation
- Jail time
Hit and Run (Vehicle Code §§ 20001 or 20002)
Hit-and-run charges apply if you leave the scene without providing information or assistance.
The severity depends on the circumstances:
- Property damage only: Usually charged as a misdemeanor
- Injury or death: Will be charged as a felony
Penalties for DUI With Hit and Run in California
When DUI and hit-and-run charges are combined, penalties increase significantly. Possible consequences include:
Criminal Penalties
- Up to 6 months in jail for misdemeanor offenses
- Multiple years in state prison if someone is seriously injured or killed
- Probation lasting 3 to 5 years
- Mandatory fines ranging from $1,000 to $20,000 depending on circumstances
In cases involving serious injury or death, prison sentences can increase dramatically.
Driver's License Consequences
Drivers convicted of DUI hit-and-run may face:
- Immediate license suspension
- DMV-imposed suspension lasting up to one year or longer
- Ignition interlock device requirements
- Restricted driving privileges
These consequences can significantly impact your daily life and employment.
Enhanced Penalties for Aggravating Factors
Certain factors can increase penalties, including:
- Causing serious bodily injury
- Causing death
- Having prior DUI convictions
- High blood alcohol concentration
- Fleeing to avoid arrest
- Failing to provide aid to injured victims
In extreme cases, drivers may face felony charges such as gross vehicular manslaughter while intoxicated.
Why Leaving the Scene Makes the Situation Worse
Some drivers leave the scene hoping to avoid DUI charges. However, fleeing often makes the legal consequences more severe.
Prosecutors may argue that leaving the scene demonstrates:
- Consciousness of guilt
- Recklessness or disregard for others
- Failure to take responsibility
Additionally, judges often impose harsher penalties when a DUI is combined with hit-and-run conduct.
Possible Legal Defenses
Every case is different, but potential defenses may include:
- Lack of proof that you were driving
- Lack of proof of intoxication at the time of driving
- Mistaken identity
- Lack of knowledge that an accident occurred
- Emergency situations requiring departure from the scene
A skilled DUI defense attorney can analyze the facts and determine the best legal strategy.
Contact The Crawford Law Firm, Inc. for DUI and Hit-and-Run Defense in Monterey & Santa Cruz Counties
Being charged with DUI and hit-and-run in California is extremely serious and can result in jail or prison time, license suspension, and a permanent criminal record. However, an arrest does not mean a conviction.
An experienced criminal defense attorney can:
- Challenge the prosecution's evidence
- Identify legal defenses
- Work to reduce or dismiss charges
- Protect your rights throughout the legal process
If you or a loved one is facing DUI or hit-and-run charges, contact The Crawford Law Firm, Inc. today for a confidential consultation. Early legal intervention can make a critical difference in protecting your future.


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