A DUI (Driving Under the Influence) is defined as operating a vehicle with a blood alcohol concentration of 0.08% or higher. On the other hand, a hit and run is an act of leaving the scene of an accident after causing property damage or injury to another person. When these two offenses occur together, it is known as a DUI hit and run. It can happen when someone is driving under the influence, then causes an accident, and leaves the scene without stopping. In this article, we'll explore the differences between DUI Hit and Run and regular DUI in California, including the legal implications and potential consequences.
What is a DUI Hit and Run?
A DUI hit and run is a serious crime under California law. It involves driving under the influence (DUI) and then fleeing the scene of an accident without providing any identifying information or rendering aid to any injured parties. A DUI hit and run can be charged as a misdemeanor or a felony, depending on the circumstances of the case.
A DUI in California is defined as operating a vehicle with a blood alcohol content (BAC) of 0.08 or higher. A DUI hit and run is a separate offense from the DUI itself, and is defined as a person who, while operating a motor vehicle, is involved in an accident that results in property damage, personal injury, or death, and then fails to stop at the scene and provide their identity and insurance information.
A misdemeanor DUI hit and run carries a maximum sentence of six months in jail, a $1,000 fine, and the possibility of three years of probation. A felony DUI hit and run carries a maximum sentence of three years in prison and an additional three years of probation. Additionally, a felony DUI hit and run conviction will result in a lifetime driver’s license revocation.
California also has a “wobbler law” which states that a DUI hit and run charge can be reduced to a misdemeanor if the court finds that the driver acted out of panic or fear, or if the accident caused only minor property damage. In cases where the driver left the scene of an accident that caused serious injury or death, the charge cannot be reduced.
In addition to the criminal penalties, the driver’s auto insurance company can drop their coverage for a DUI hit and run. The driver is also likely to face civil lawsuits from any injured parties.
What is a Regular DUI
A DUI, or driving under the influence, is a criminal offense in California that involves operating a vehicle while impaired by alcohol or drugs. It is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher for adults 21 and older, and 0.04% for commercial drivers, and it is illegal to drive with any detectable amount of certain drugs in the system. If a driver is found to be impaired by alcohol or drugs, they can be charged with a DUI. In California, a DUI can be charged as a misdemeanor or a felony depending on the circumstances of the incident. A first-time DUI offense is a misdemeanor and is punishable by up to six months in jail, a fine of up to $1,000, and the suspension of the driver’s license for up to six months. If the offender had a BAC of 0.15% or higher, the fine is increased to $2,000 and the jail time is increased to nine months. Subsequent DUI offenses can be charged as felonies and carry longer jail sentences and steeper fines. In addition to criminal penalties, a DUI conviction can carry additional consequences. For instance, a DUI conviction may result in increased car insurance rates, or the driver’s license may be suspended for up to three years. A DUI conviction may also result in the loss of certain jobs or professional licenses.
DUI Hit and Run and a Regular DUI
A hit and run is defined as leaving the scene of an accident in which the driver is at fault, either in property damage or an injury caused by the driver. This charge occurs when someone is injured or killed in an accident, as well as when there is property damage. In some cases, even if the driver does not leave the scene, they may still be charged with a hit and run if they do not provide their information to the other driver.
A regular DUI is a charge of driving while under the influence of alcohol or drugs. The consequences of a DUI can vary, but they typically include fines, jail time, license suspension, and mandatory alcohol education classes. If convicted, the driver can face fines, jail time, license suspension, and other penalties. In some cases, a first-time DUI offense can be reduced to a “wet reckless” charge, which is less severe. A hit and run is a more serious offense than a regular DUI because a hit and run is considered an act of criminal negligence, as the driver is attempting to evade responsibility for the accident.
How to Determine if You Have Been Charged With a DUI Hit and Run or a DUI
A DUI hit and run is a serious offense that can come with severe penalties. If you’re facing this charge, it’s important to understand the difference between a DUI hit and run and a DUI. Knowing the difference can help you make informed decisions about your case and how to proceed.
To determine if you’ve been charged with a DUI hit and run or a DUI, there are several factors you need to consider. First, you need to determine if you were driving a vehicle at the time of the incident. If you were, then you may be facing a DUI hit and run charge.
If you were not driving, then you may be facing a DUI charge. If you were driving, then you need to consider the circumstances surrounding the incident. If you drove away from the scene after hitting or damaging another vehicle or property, then you could be facing a DUI hit and run charge. If you stayed at the scene and cooperated with the police, then you could be facing a DUI charge.
Another factor to consider is whether or not you caused any injury or death. If you injured or killed another person while driving, then you could be facing a DUI hit and run charge, even if you stayed at the scene and cooperated with the police. If you caused no injury or death, then you could be facing a DUI charge.
DUI Hit and Run vs. Regular DUI: What’s the Difference?
A DUI Hit and Run in California is a serious crime that is considered a felony. It is a combination of two separate offenses: driving under the influence (DUI) and leaving the scene of an accident without providing identification. It can result in severe penalties, including jail time, hefty fines, and long-term consequences. Regular DUI in California is the act of driving while impaired by drugs. It is a misdemeanor offense and can result in jail time, fines, and other penalties.
How Are the Penalties Different?
The primary difference between DUI Hit and Run and Regular DUI in California is the severity of the consequences. A DUI Hit and Run is a felony offense with much more severe penalties than a regular DUI. A DUI Hit and Run is punishable by up to four years in state prison and fines of up to $10,000. Additionally, the individual may have their license suspended and face a longer period of probation.
A regular DUI in California is a misdemeanor offense with less severe penalties. The individual may face up to six months in the county jail, fines of up to $1,000, and have their license suspended. Additionally, the individual may be required to install an ignition interlock device (IID) in their vehicle or attend DUI school or both.
In simpler words, the penalties for a DUI hit and run are usually more severe than for a regular DUI. A regular DUI conviction typically results in fines, jail time, and license suspension. However, a DUI hit and run conviction could result in additional jail time, and the driver’s license could be suspended for a longer period. In some cases, the driver may even face more serious charges such as vehicular manslaughter or vehicular homicide.
Another major difference between DUI Hit and Run and Regular DUI in California is the effect on the individual’s driving record. A DUI Hit and Run will stay on an individual’s record for 10 years, while a regular DUI is typically removed after three to five years. A DUI Hit and Run can also lead to more serious consequences if the individual is convicted of a subsequent DUI.
How is The Legal Process Different?
The legal process for a DUI hit and run is more complex than for a regular DUI. The first step is for the police to investigate the incident. Depending on the severity of the crime and the circumstances of the incident, the police may arrest the offender. The next step is for the offender to be arraigned, which is when they are formally charged with the crime.
The offender will then have the opportunity to enter a plea. If they plead guilty, they will be sentenced. If they plead not guilty, the case will go to trial. During the trial, the prosecution will present evidence and witnesses to prove the offender's guilt. The offender's attorney will present any evidence or witnesses to dispute the prosecution's case.
How is The Evidence Used Different?
In a DUI Hit and Run case, the prosecution must prove that the driver was under the influence of alcohol or drugs, that the driver was involved in an accident, and that the driver left the scene of the accident without providing the necessary information to the other driver or law enforcement. Evidence that may be used in a DUI Hit and Run case includes the driver’s blood alcohol concentration (BAC), chemical tests of the driver’s breath or urine, witness statements, and physical evidence such as skid marks, damage to the vehicles involved in the accident, and any other damage to the scene of the accident.
In a DUI case, the prosecution must prove that the driver was under the influence of alcohol or drugs at the time of the arrest. Evidence that may be used in a DUI case includes the driver’s BAC, chemical tests of the driver’s breath or urine, witness statements, observations of the driver’s behavior, and physical evidence such as skid marks and damage to the vehicles involved in the arrest.
It is important to note that the evidence used in a DUI Hit and Run case is more extensive than the evidence used in a DUI case. This is because the prosecution must prove not only that the driver was under the influence of alcohol or drugs, but also that the driver left the scene of the accident without providing the necessary information to the other driver or law enforcement.
Another difference between a DUI hit and run and a regular DUI is the presence of a collision. When a DUI is combined with a hit and run, the driver must also face criminal charges for leaving the scene of the accident, in addition to the DUI charge. In some cases, the hit and run charge can carry steeper penalties than the DUI charge itself.
Another difference between a DUI Hit and Run and a regular DUI is that a DUI Hit and Run involves leaving the scene of an accident after being involved in an accident, regardless of who is at fault or who caused the accident. This element adds a level of negligence to the offense that can result in more severe penalties. Additionally, in some states, the penalties for a DUI hit and run can be even harsher if the accident results in serious bodily injury or death. A regular DUI does not involve leaving the scene of an accident and can be charged even if no one is injured or property is damaged.
Learn How to Protect Your Rights When Facing a DUI Hit and Run and a Regular DUI
When you are facing a DUI hit and run, or a regular DUI, it is important to understand your rights and how to protect them. A DUI hit and run is a serious offense that can have far-reaching consequences, so it is important to ensure that your rights are protected throughout the process.
The first thing you should do is contact a DUI attorney. An experienced DUI attorney will be able to explain your rights to you and will be able to provide you with advice and guidance. A qualified DUI attorney will be able to help you understand the charges against you, and will be able to guide you through the legal procedures.
The next step is to prepare for your court date. You should be aware that a DUI hit and run charge is a serious offense, and can lead to a license suspension, fines, and even jail time. It is important to be prepared for the process and to be familiar with the laws in your state.
Your attorney will be able to explain the different types of evidence that can be used against you, such as breathalyzer tests, field sobriety tests, and blood alcohol tests. Your attorney will also be able to provide you with advice regarding any plea bargains or sentencing options that may be available to you.
When it comes to a regular DUI, the same rules apply. Your attorney will be able to explain your rights and will be able to provide you with advice and guidance. However, a regular DUI is usually less serious than a DUI hit and run, and the penalties are usually less severe.
To protect your rights, it is important to maintain your composure throughout the process. You should also follow all of the instructions given to you by your attorney, and make sure that you are familiar with the laws in your state.
Find a Los Angeles Criminal Defense Attorney Near Me
The difference between a DUI Hit and Run and a Regular DUI is significant. It is therefore important to understand the difference between the two because the consequences of a conviction can be severe in both cases. If you have been charged with either type of DUI offense, it is important to consult with an experienced criminal attorney to discuss your options and to ensure that your rights are protected. Our qualified attorneys at Los Angeles Criminal Attorney may be able to evaluate your case and offer you the best possible defense strategy to avoid any harsh penalties. Call us today at 310-502-1314.
