DUI Hit & Run
Any time that you are involved in a traffic accident with another motor vehicle, California law mandates that you stop at the accident scene, exchange contact information with any other drivers involved, and assist anyone that was injured or killed. Failure to fulfill these obligations is the crime known as “hit and run.” A California hit and run charge accompanied by a DUI charge is an even more serious offense.
If you are under investigation or have been charged with drunk driving involving a hit and run accident in San Diego County, it is important that you contact the Law Offices of David M. Boertje immediately. The sooner you speak with one of our San Diego DUI lawyers, the sooner we can begin protecting your rights and preparing your case.DUI Hit and Run Charges
Drunk driving during a hit and run accident is a case that generally involves multiple offenses. There is the DUI charge, the hit and run charge, and—depending on the severity of the accident and whether anyone other than the drunk driver was injured or killed—other charges for reckless driving, bodily injury, vehicular homicide, and other offenses may apply and lead to harsher penalties if you are convicted. Whether or not you have any prior DUI offenses can also be a factor in the prosecution’s case against you.Hit & Run with DUI Causing Bodily Injury
If no one was hurt during your hit and run accident, then the crime will be charged as a misdemeanor—unless, of course, this is your fourth DUI offense. A charge of a Hit & Run with DUI resulting in serious bodily injury or death to another person other than the drunk driver is consider a felony crime and therefore, a violent crime.
Even if this is your first offense and you don’t have any prior DUI convictions over the past 10 years, you could be ordered to serve up to four years in state prison and pay a $10,000 maximum fine. A DUI Hit & Run that is a second, third, or subsequent DUI offense can lead to even harsher punishments.Wobbler DUIs
However, certain felony DUIs can end up being tried as wobblers DUIs (also known as gross misdemeanors) which can result in less severe penalties (such as probation or jail time instead of time in state prison). The seriousness of the victim’s injuries, the degree of neglect or malice involved, and whether you have any prior DUI convictions can affect whether or not the prosecution can be persuaded to try your case as a wobbler instead of a felony.DUI Hit and Run Involving Vehicular Manslaughter or Homicide
If you are convicted of DUI and vehicular manslaughter or DUI and vehicular homicide related to a hit and run accident, you will receive an additional five-year state prison term added to your sentence and to any other penalties that apply to your case.
The only way to fight the DUI charges against you is to retain the services of an experienced San Diego DUI law firm that knows how to properly defend you.