DUI with Hit and Run: How It Complicates Everything

DUI with Hit and Run in California: Two Charges, Double the Consequences

If you were involved in a car accident while driving under the influence and left the scene, you're facing one of the most serious combinations of charges in California traffic law: DUI (Vehicle Code §23152) plus hit and run (Vehicle Code §20001 or §20002). These are two separate criminal charges, each carrying its own penalties, and the consequences stack on top of each other.

Leaving the scene of an accident is always a bad decision — but leaving the scene of a DUI accident is catastrophically worse. This guide explains what you're facing and why getting experienced legal help immediately is critical.

Understanding the Two Separate Charges

When a DUI involves a hit and run, prosecutors typically file two distinct charges:

The DUI Charge: Vehicle Code §23152

This is the standard DUI charge for driving under the influence of alcohol (VC §23152(a)) or driving with a BAC of 0.08% or higher (VC §23152(b)). If anyone was injured, the charge may be elevated to DUI causing injury under VC §23153, which is a wobbler — meaning it can be charged as either a misdemeanor or a felony.

The Hit and Run Charge

California has two hit and run statutes, and which one applies depends on whether anyone was injured:

• VC §20002 — Misdemeanor Hit and Run (Property Damage Only): If the accident caused only property damage and no injuries, leaving the scene is a misdemeanor punishable by up to 6 months in county jail and a fine of up to $1,000.
• VC §20001 — Felony Hit and Run (Injury or Death): If anyone was injured or killed, leaving the scene is a felony punishable by 90 days to 4 years in state prison and fines of $1,000 to $10,000. If the accident resulted in death or permanent serious injury, the penalty increases to 2 to 4 years in state prison.

Why Leaving the Scene Makes Everything Worse

Staying at the scene of a DUI accident is always better than leaving — even though it might not feel that way in the moment. Here's why:

It Adds Separate Criminal Charges

By leaving, you've committed an entirely new crime. Instead of facing one charge (DUI), you're now facing two. Each charge has separate penalties that can run consecutively.

It Eliminates Key Defenses

When you stay at the scene and submit to a breath or blood test, your attorney can challenge the testing procedure, the officer's observations, or the accuracy of the BAC result. When you flee:

• Prosecutors argue your flight demonstrates "consciousness of guilt"
• Delayed BAC testing (when you're later found) is less favorable — prosecutors may argue your BAC was higher at the time of driving
• Witness testimony becomes more damaging without your contemporaneous account

It Dramatically Increases Sentences

Judges view hit and run as an aggravating factor when sentencing on the DUI charge. A DUI with hit and run almost always results in harsher penalties than a DUI alone — including longer jail time, higher fines, and more restrictive probation terms.

DUI Causing Injury + Hit and Run: The Worst-Case Scenario

When the accident involves injuries and you leave the scene, the situation becomes extremely serious:

• DUI causing injury (VC §23153) is a wobbler — charged as a misdemeanor, it carries up to 1 year in county jail; as a felony, up to 4 years in state prison
• Felony hit and run (VC §20001) adds up to 4 additional years in state prison
• If the victim suffered great bodily injury, a 3-to-6-year sentence enhancement applies under Penal Code §12022.7
• Strike offense: DUI causing great bodily injury can count as a "strike" under California's Three Strikes Law

In the worst cases, a DUI hit and run with serious injuries can result in 10+ years in state prison.

Insurance Impact: The Worst Possible Combination

From an insurance perspective, DUI + hit and run is the absolute worst combination for your rates:

• Your current carrier will almost certainly non-renew your policy
• You'll be pushed into the non-standard (high-risk) insurance market
• An SR-22 filing will be required for a minimum of 3 years
• Expect insurance premiums of $300–$600+ per month — 200% to 400% above pre-incident rates
• If your insurance was insufficient or lapsed at the time of the accident, you also face VC §16029 charges (no insurance)

Restitution: You Will Pay the Victim's Damages

Regardless of what happens with your criminal case, you will be required to pay restitution to the victim for their damages. This can include:

• Vehicle repair or replacement costs
• Medical expenses (which can be enormous for serious injuries)
• Lost wages
• Pain and suffering (in a civil lawsuit)

If your insurance doesn't cover the full amount — or if your policy was inadequate or lapsed — you are personally liable for the difference. This can result in wage garnishment, bank levies, or liens against your property.

License Consequences Stack

The DMV penalties for DUI and hit and run can stack, meaning you face both:

• DUI-related suspension: 4 months (first offense) to 1 year+ (repeat offenses), with restricted license available through IID installation
• Hit and run suspension: Additional DMV action under VC §16000 (failure to report) and §13361 (hit and run)
• The suspensions may run concurrently or consecutively depending on the circumstances

Global Settlement: Negotiating Both Charges Together

An experienced DUI attorney may negotiate a "global settlement" — resolving both the DUI and hit and run charges together in a package deal. This can sometimes result in:

• Reduced charges on one or both counts
• Concurrent (rather than consecutive) sentencing
• Alternative sentencing options (community service, electronic monitoring)
• Structured restitution payments

Global settlements require an attorney who understands both charges and has experience negotiating with prosecutors on complex DUI cases.

What to Do If You Left the Scene of a DUI Accident

1. Do NOT go back to the scene if it's been more than a few minutes — contact an attorney first
2. Hire an experienced DUI attorney immediately — before turning yourself in or speaking to police
3. Do not make statements to anyone about the incident until your attorney advises you
4. Gather information about the accident (location, time, weather conditions) while your memory is fresh
5. Preserve evidence — do not repair vehicle damage or dispose of clothing
6. Request a DMV hearing within 10 days if you were arrested

How DUI-Help.org Can Help

DUI with hit and run is among the most complex cases we assist with. While DUI-Help.org is a reinstatement concierge service — not a law firm — we provide critical support:

• Free 30-minute legal consultation with attorneys experienced in DUI + hit and run cases
• Discounted SR-22 insurance even for high-risk profiles
• IID installation coordination
• DUI class enrollment
• Personalized reinstatement plan that addresses both the DUI and hit and run license consequences
• Bilingual support in English and Spanish

The situation is serious, but it's not hopeless. The sooner you take action, the better your options. Call DUI-Help.org at (916) 244-9700 or sign up online for your free consultation today.