An individual driving under the influence (DUI) of a substance and fleeing a scene after an accident will probably be charged with DUI and hit-and-run. In Los Angeles, these crimes are charged separately and are very serious. Penalties can include steep fines and potential jail time.
DUI Rules
California’s drunk driving law is under the Vehicle Code section 23152 VC. In the state, DUI means driving under the influence of alcohol and other substances or having a blood alcohol level of 0.08 or more.
The severity of a DUI case depends on whether or not the driver has a past record, among other things (e.g., the severity of injuries, whether a fatality was reported, and the extent of property damage).
The first three DUI offenses are considered misdemeanors in California. Nevertheless, they will appear on a driver’s criminal record for a decade. If the driver commits a fourth DUI within ten years, the fines and penalties significantly increase.
DUI has serious consequences. Courts in Los Angeles impose fines, compulsory jail time, and suspend a driver’s license for about half a year. The penalties can reach up to $3,500, while the jail term can be six months.
Under California Vehicle Code Section 23153 VC, a driver can also be charged with a felony if they hit a person while driving under the influence. This section deals with a driver who causes physical harm to another person by driving under the influence of alcohol or other substances.
For a DUI with injury, a driver can be sentenced to one year and receive a fine of up to $5,000. They may also be required to pay for restitution, participate in a compulsory drug education program and get 3-5 years of probation.
A DUI arrest automatically results in processing a driver’s license for cancellation within the Department of Motor Vehicle (DMV). This implies that a driver with a DUI case will be defending themselves against criminal charges for DUI and DMV’s attempt to take their license.
Hit-and-Run Rules
Regardless of fault, a driver who leaves an accident scene without stopping to access the condition and exchange information about their driver’s license, registration, and insurance information is guilty of hit-and-run in California. The hit-and-run laws fall under California Vehicle Code Section 20002 and 20003.
Hit-and-run crimes in the state are categorized under misdemeanors and felonies. California Vehicle Code Section 20002 VC handles misdemeanor hit-and-run crimes. This section is concerned with a driver who leaves a scene where the accident caused a minor injury or property damage.
The punishment for a hit-and-run misdemeanor is a jail sentence of up to six months, a fine of about $1,000, or both. Other potential penalties include a 2-point reduction on the driver’s driving record, compensation for the damaged property, and three years of probation.
Felonies are under California Vehicle Code Section 20001 VC. This section deals with a driver who leaves the scene of an accident where the victim suffered severe or fatal injuries. Felonies have harsher punishments and fines than misdemeanors.
As a felony, a hit-and-run incident can get a driver up to one year in jail, which they must serve for 90 days. Other penalties include:
- A fine between $1,000 and $10,000
- Victim restitution
- Reduced driving points
A hit-and-run attorney in Los Angeles can help you avoid or lower penalties and fines. For a higher chance of a successful outcome, it is best to contact a legal expert immediately after the incident.
Potential Defense for a DUI Hit-and-Run Case
A DUI hit-and-run is a very serious case. Its repercussions combine the penalties of both DUI and hit-and-run cases. The good news is that a driver can use circumstantial evidence to defend themselves against a hit-and-run case by doing the following:
- Argue that they did not realize an accident happened
- Claim no damage occurred
- Claim that damage only occurred on their car
Bottom Line
These are the main DUI hit-and-run laws in Los Angeles. Knowing how these laws work is significant in defending yourself against DUI hit-and-run issues.
Irma C. Dengler
With a BA in communications and paralegal experience, Irma C. Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more
palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.
