After getting involved in a car accident in California, it’s vital to ensure you stop at the accident scene. If you fail to do so, prosecutors may be able to pursue criminal charges against you. A conviction for a hit and run accident can result in harsh penalties, including jail time, fines, and driver’s license suspension. The penalties can be even more serious if your case also involves a DUI.
Since these offenses are typically handled separately after a DUI hit and run in San Diego, you need both a strong DUI defense and a hit and run defense to achieve the best outcome.
Understanding DUI Hit and Run Charges in San Diego
California law does not have a specific DUI hit-and-run offense. Instead, someone who commits a hit and run due to intoxication can be charged with at least two offenses: DUI and hit and run.
A hit-and-run accident occurs when a driver fails to stop at the scene of an accident that causes:
- Death
- Injury to pedestrians, cyclists, or other drivers involved in the crash
- Property damage for anyone other than the driver
The penalty for a hit and run conviction depends on the result of the crash. A misdemeanor hit and run happens when the collision only damages property or causes a minor injury. The potential penalty includes up to six months in jail for property damage or up to one year in prison for bodily injury.
A felony hit and run occurs when the crash causes death or serious, permanent injury. This offense can result in a prison sentence of up to four years and a maximum fine of up to $10,000.
DUI alone is also a serious offense. Under California law, you can commit a DUI in many ways, including:
- Driving while under the influence of drugs, alcohol, or a combination of both
- Driving with a blood alcohol concentration (BAC) of 0.08% or higher
- Driving a commercial truck or rideshare with a BAC of 0.04% or higher
Importantly, the state establishes a rebuttable presumption that your BAC was at or over the legal limit if a test within three hours of the offense returns a number over the legal limit.
An additional charge that prosecutors can file related to DUI is vehicular manslaughter. This charge occurs whenever a high or drunk driver causes an accident that results in death. When combined with a hit and run, the driver may face a mandatory minimum sentence of five years in state prison.
Building a Strong Defense in San Diego
You have several options for defending against a DUI hit and run in San Diego County. Examples of these defenses include the following:
No Intoxication
Your attorney can argue that you were not intoxicated during the crash. Even if the police later test you, the test results are only relevant if they happen within three hours of the crash. Moreover, you can rebut test results within the three-hour window by arguing that you started drinking or using after the crash, not before.
While this defense might overcome a DUI charge, you might still be liable for the hit and run charges.
Involuntary Intoxication
Involuntary intoxication occurs if someone drugged you without your knowledge. For example, someone might have put something in your drink or lied about a pill provided to you. If you truly did not know that you had consumed drugs or alcohol, you might argue that you committed neither a DUI nor a hit and run due to your lack of knowledge and intent.
No Knowledge of the Collision
In some situations, you might be able to argue that you did not stop because you were unaware of the collision. For instance, you might not have seen or felt a collision with a pedestrian. However, for this defense to work, you must raise a reasonable doubt. If your claims are not reasonable, you might need to try a different defense.
Excusable Reason for Leaving the Scene
You may be able to overcome a hit and run charge if you left the scene for an excusable reason. Suppose that the collision occurred in a canyon in San Diego County where you had no cell reception. In this case, you could argue that you only left the scene to contact the police.
Benefits of Getting a DUI Hit and Run Defense Attorney
An experienced criminal defense attorney can help you effectively defend against a San Diego hit and run case. They know which arguments have worked in past cases and have experience overcoming seemingly ironclad chemical test results.
Additionally, these attorneys have connections with expert witnesses who can cast doubt on the police department’s procedures for cleaning and calibrating its alcohol testing equipment.
Next Steps After an Arrest
After being arrested for a DUI hit and run in San Diego, it’s crucial that you contact an experienced criminal defense attorney as soon as possible. At Elite Criminal Defense, our skilled team can help you gather evidence and present thorough legal arguments to fight your charges.
Contact Elite Criminal Defense for a free consultation to find out how we can protect your future today.
