1. Separate the DUI Count from the Hit-and-Run Count
A combined case does not create one blended offense. The prosecution must prove the DUI theory and the post-accident duty violation under different statutes and evidence.
Test the Impairment Allegation on Its Own Record
- Vehicle Code § 23152(a) addresses driving under the influence, while § 23152(b) addresses driving with a BAC of 0.08 percent or more.
- A qualifying chemical test within three hours can create the rebuttable presumption described in § 23152(b).
- Review driving evidence, officer observations, test timing, and laboratory or device records rather than assuming the crash proves impairment.
- A broader DUI and DWI review can address the impaired-driving charge in more depth.
Match the Hit-and-Run Charge to the Accident Result
| Accident Result | Statutory Focus | Key Defense Question |
|---|---|---|
| Property damage only | Vehicle Code § 20002 | Did the driver know of the accident and willfully fail to perform the required duties? |
| Injury or death | Vehicle Code §§ 20001 and 20003 | Did the driver know of injury, or know the accident made injury probable, and fail to perform a required duty? |
2. Review Post-Accident Duties before Focusing on Motive
Hit-and-run liability centers on duties after an accident, not on who caused the collision. Returning later or reporting later does not automatically erase an earlier failure to comply.
Identify Which Duty the Prosecution Says Was Missed
- Property-damage cases require an immediate stop and the information or notice steps stated in § 20002.
- Injury cases also require the identifying information and reasonable assistance described in § 20003.
- Compare the alleged failure with 911 calls, body-camera footage, witness accounts, and the actual timeline.
- A focused hit-and-run defense review can address the post-accident elements separately.
Treat Later Statements As a Separate Evidence Issue
- Preserve recorded calls, interviews, body-camera footage, and written statements in their original form.
- Compare later explanations with vehicle damage, location data, witness accounts, and the accident sequence.
- Do not treat a later return to the scene as automatic proof of either innocence or guilt.
3. Chemical Evidence Needs a Driving-Time Timeline
A later breath or blood result should be connected to the time of driving. Delay can affect the analysis, but delay alone does not automatically make a chemical result inadmissible or unreliable.
Check Test Timing and the Underlying Records
- Record the alleged driving time, officer contact, arrest time, and each breath or blood collection time.
- Review test records, sample handling, instrument information, and any retesting or laboratory material that was produced.
- Separate a scientific reliability argument from the statutory presumption that may apply to a test within three hours.
- See blood alcohol content guidance for a deeper BAC analysis.
Do Not Assume Every Testing Issue Has the Same Effect
- A disputed BAC can affect the DUI theory without resolving the hit-and-run count.
- A hit-and-run timeline can also affect how the prosecution connects a later chemical test to the earlier driving.
- The defense question is what the specific defect changes, not whether any irregularity guarantees exclusion.
4. Dmv Proceedings and Criminal Charges Move on Separate Tracks
An alcohol-related arrest can create an administrative driver-license matter apart from the criminal case. The issues, deadlines, and decision maker are different.
Calendar the Administrative Hearing Deadline
- DMV states that a hearing generally must be requested within 10 days after receipt of a suspension or revocation order.
- Administrative Per Se action can arise from a qualifying BAC result, and refusal can create a separate license issue.
- A DUI refusal review can address refusal allegations and related license consequences.
Do Not Treat the Dmv Result As the Criminal Verdict
- Vehicle Code § 13353.2 describes the administrative determination as a civil matter independent of guilt or innocence.
- A criminal reduction or dismissal does not automatically resolve every administrative issue.
- Review the DMV notice and the criminal charges separately before making a plea decision.
5. Compare Plea Terms against Both Sets of Consequences
A plea should identify what happens to each count rather than treating DUI hit-and-run as a single sentencing label. Injury, prior convictions, refusal issues, restitution, and license consequences can change the analysis.
Read the Proposed Disposition Count by Count
- Identify which DUI and hit-and-run counts remain, are amended, or are dismissed.
- Check custody, probation, fines, programs, restitution, and driving consequences tied to the actual disposition.
- Compare the plea with unresolved evidence issues instead of assuming one weak count eliminates the other.
Do Not Assume Standard Misdemeanor Diversion Covers DUI
- Vehicle Code § 23640 restricts diversion based on participation in education or treatment before acquittal or conviction on DUI charges.
- Published appellate decisions have treated ordinary misdemeanor diversion under Penal Code § 1001.95 as unavailable for DUI charges.
- Payment of property damage or a civil settlement does not automatically dismiss the criminal counts.
6. Frequently Asked Questions
Is hit-and-run involving an injury always a felony?
No. Vehicle Code § 20001 authorizes both state-prison and county-jail punishment. The charging and sentencing analysis depends on the statutory facts, including the nature of the injury.
Does returning to the scene later eliminate a hit-and-run charge?
No. A later return can become part of the factual record, but the statute focuses on whether the required duties were performed when the duty arose.
Does a BAC result of 0.08 percent automatically decide the DUI case?
No. Section 23152(b) creates a rebuttable presumption in specified circumstances for a qualifying test within three hours. The test record and other evidence still matter.
Can the DMV suspend a license even if the criminal case changes?
Yes, in some circumstances. Administrative Per Se proceedings are separate from the criminal case, although particular criminal outcomes can affect administrative rights under the Vehicle Code.
7. Review Both Charges before the Next Case Decision
SJKP’s attorneys can review accident duties, impairment evidence, chemical-test timing, statements, DMV notices, and plea terms together. That review can identify which issues belong to the DUI count, which belong to the hit-and-run count, and which require separate administrative action.
22 Sep, 2026
