It is very common for a person to be charged with both a Los Angeles DUI and Hit and Run from the same incident.
If a person is involved in an accident, or property damage and they flee the scene, then they could be charged with a Hit and Run, as well as a DUI if they were intoxicated and operating a vehicle at the time of the accident
What many people do not understand is that a Hit and Run, and a DUI, whether both offenses occur together or separately are a “no fault” offense when it comes to damage or injury. This means that if there is damage to property, and/or injury to a person, it does not matter if it is your fault or not. You will be charged with consideration of the damage or injury.
The reason damage or injury is a significant concern when it comes to a DUI and/or Hit and Run is because it increases your sentence, the charge, and will likely be tried as a felony depending on the specific facts of your case. This becomes increasingly of concern because it will have a major impact on the consequences of your charge, and your future.
Injury, especially in the circumstances of a Los Angeles Hit and Run, or Hit and Run and DUI, will elevate the charge to a felony. If you leave the scene where there is a person injured, they do not receive the immediate medical attention they need, or without the proper authorities being alerted. This is the biggest reason Courts will take a Hit and Run with injury very seriously.
Lets consider an example to illustrate both concepts. Donny is driving home from an after work celebration. He has had a few drinks and believes he is fine to drive. In reality, Donny has had 3 very strong drinks and his blood alcohol content is upwards of .12, well over the legal limit. Donny is driving along a highway that is surrounded by trees and forest. It is rare for people to be walking along this road, or to be out and about at night. However, a person dressed in dark clothing darts across the highway without warning. They are not dressed appropriately for being out at night, they are not being cautious and noticing Donny’s headlights, and there is no pedestrian crosswalk or light. Donny, surprised by the person runs right into them. Afraid he will get charged with a DUI, Donny takes off and immediately drives home.
Donny is arrested and charged with not only a felony Hit and Run, but also a felony DUI. It is important for Donny to speak to a Los Angeles Criminal Defense attorney, especially one that has handled thousands of DUIs as well as Hit and Runs. Donny will face some serious consequences, including jail time, therefore it is a good idea to consult with a professional that can help with explaining the best possible arguments and defenses and analyzing the strengths and weaknesses of your case.