Arrested for hit and run DUI in Santa Clarita? You’re facing some of the most serious DUI charges in California—combining DUI offenses with hit and run violations that can result in felony charges, state prison time, massive fines, permanent license revocation, victim restitution in the tens of thousands of dollars, and a criminal record that will follow you forever. When a DUI involves leaving the scene of an accident, prosecutors and judges show no mercy.
Tu Defensor Criminalista provides aggressive, strategic defense against hit and run DUI charges throughout Santa Clarita Valley—including Santa Clarita, Valencia, Newhall, Canyon Country, Stevenson Ranch, Castaic, Saugus, and every community in the Santa Clarita Valley. With a perfect 5.0 Avvo rating backed by 34 five-star client reviews and three consecutive Client’s Choice Awards (2023, 2024, 2025), we bring proven expertise to your defense when you’re facing the most serious consequences.
Hit and run DUI cases are complex, involving multiple charges, potential felonies, and severe penalties. We challenge every element—from proving you were the driver to establishing causation of injuries—while building powerful defenses that can mean the difference between prison and freedom.
Free Confidential Consultation: (888) 315-3326 | Available 24/7 | Hablamos Español
Understanding Hit and Run DUI Under California Law
The Dual Charges: DUI + Hit and Run
When you’re arrested for DUI after leaving the scene of an accident, you typically face multiple criminal charges filed simultaneously:
DUI Charges:
Vehicle Code § 23152(a): Driving under the influence of alcohol
Vehicle Code § 23152(b): Driving with BAC 0.08% or higher
Vehicle Code § 23153: DUI causing injury (felony)
Hit and Run Charges:
Vehicle Code § 20001: Felony hit and run (injury to person)
Vehicle Code § 20002: Misdemeanor hit and run (property damage only)
The Deadly Combination:
When DUI and hit and run charges combine, prosecutors pursue maximum penalties because leaving the scene suggests:
Consciousness of guilt (you knew you were impaired)
Callous disregard for victims
Attempt to evade detection and avoid responsibility
Danger to public safety
According to the National Highway Traffic Safety Administration[1], hit and run crashes account for a significant percentage of traffic fatalities, with alcohol involvement common in leaving-the-scene cases.
California Hit and Run Laws Explained
Vehicle Code § 20002 – Misdemeanor Hit and Run (Property Damage):
If you’re involved in accident causing property damage, you must:
Stop immediately at scene
Provide name, address, driver’s license, vehicle registration
Provide insurance information
Render reasonable assistance
Penalties for VC § 20002:
Up to 6 months county jail
Fines up to $1,000
2 points on DMV record
Restitution to property owner
Vehicle Code § 20001 – Felony Hit and Run (Injury or Death):
If accident causes injury or death to another person, you must:
Stop immediately at scene
Provide identification and insurance information
Render reasonable assistance to injured persons
Call emergency services if needed
Penalties for VC § 20001:
Misdemeanor: Up to 1 year county jail (minor injuries)
Felony: 16 months, 2 years, or 3 years state prison (serious injury)
Felony: 4 years state prison (death or permanent serious injury)
Fines up to $10,000
Victim restitution (no limit—can be hundreds of thousands)
Driver’s license revocation
Habitual traffic offender status
DUI Causing Injury – Vehicle Code § 23153
Elements Prosecution Must Prove:
To convict you of felony DUI causing injury, the Los Angeles County District Attorney must prove beyond reasonable doubt:
You drove a vehicle
While under the influence of alcohol (or with BAC 0.08% or higher)
While driving under the influence, you also committed an illegal act or neglected a legal duty
Your illegal act or neglect caused bodily injury to another person
Penalties for First-Time VC § 23153:
Charged as Misdemeanor:
5 days to 1 year county jail
Fines: $390-$5,000 plus penalty assessments
3-5 years probation
18-month or 30-month DUI program
Victim restitution
Habitual traffic offender status
Charged as Felony:
16 months, 2 years, or 3 years state prison
Additional 3-6 years if great bodily injury to multiple victims
Strike under California’s Three Strikes Law
Fines up to $5,000 plus penalty assessments
18-month or 30-month DUI program
5-year license revocation
Habitual traffic offender designation
Victim restitution (unlimited amount)
Great Bodily Injury Enhancement (Penal Code § 12022.7):
If victim suffers great bodily injury (significant or substantial physical injury):
Additional consecutive 3 years state prison for each victim
Strike offense
Significantly increased prison exposure
Combined Hit and Run DUI Charges
Typical Charging Scenario:
Property Damage Accident:
VC § 23152(a): DUI – Misdemeanor
VC § 23152(b): DUI per se – Misdemeanor
VC § 20002: Hit and run property damage – Misdemeanor
Total exposure: Up to 18 months county jail
Injury Accident:
VC § 23153(a): DUI causing injury – Felony
VC § 23153(b): DUI per se causing injury – Felony
VC § 20001: Felony hit and run causing injury – Felony
PC § 12022.7: Great bodily injury enhancement (if applicable)
Total exposure: 6-10+ years state prison
Critical Consequence: Sentences often run consecutively (stacked), not concurrently, meaning you serve each sentence separately.
Santa Clarita Hit and Run DUI Statistics
Los Angeles County Enforcement:
According to the California Office of Traffic Safety[2], Los Angeles County reports significant hit and run incidents:
Los Angeles County experiences approximately 20,000+ hit and run collisions annually
Estimated 15-25% of hit and run cases involve alcohol impairment
Santa Clarita Valley sees hundreds of hit and run incidents yearly
CHP and Sheriff’s prioritize hit and run investigations
Increased penalties and enforcement campaigns target hit and run offenders
Prosecution must prove beyond reasonable doubt that YOU were driving at time of accident. This is often the weakest link in hit and run cases.
Defense Strategies:
No Witness Identification:
Witnesses saw vehicle but not driver
License plate only identifies registered owner, not driver
Someone else had access to your vehicle
Vehicle was stolen or taken without permission
Unreliable Witness Identification:
Witnesses’ view obstructed
Poor lighting or weather conditions
Brief observation time
Witness descriptions inconsistent with your appearance
Suggestion or contamination of identification
Multiple Potential Drivers:
Others had access to your vehicle (family, friends, roommates)
You weren’t home when accident occurred
Alibi: You were elsewhere (work, event, with witnesses)
Someone else admits they were driving
No Admission:
You didn’t admit to driving
Statements made without Miranda warnings (suppressed)
Ambiguous statements (“That’s my car” doesn’t mean you were driving)
Result: If prosecution cannot prove you drove, all charges must be dismissed regardless of other evidence.
2. Challenge DUI Element – Not Under the Influence
Two Ways to Attack DUI:
You Weren’t Impaired:
No field sobriety tests conducted (you left scene)
No officer observations of impairment
Witnesses didn’t observe impairment
Video doesn’t show impaired driving
Accident caused by other factors (road conditions, other driver’s fault)
BAC Under 0.08% at Time of Driving:
Blood drawn hours after accident
Alcohol metabolizes approximately 0.015% per hour
Retrograde extrapolation shows BAC under 0.08% while driving
You consumed alcohol AFTER accident, before police contact (panic drinking)
Rising blood alcohol defense
Post-Accident Drinking Defense:
Legal and Powerful Defense:
You left scene in panic
Went home and drank alcohol to calm nerves
Police contacted you hours later
Blood test shows alcohol, but alcohol consumed after driving
Prosecution cannot prove you were impaired while driving
Evidence Supporting Defense:
Your testimony about post-accident drinking
Alcohol containers at home
Witness testimony you arrived home sober, then drank
Timeline shows insufficient time for alcohol before driving
Result: If BAC at time of driving was under 0.08% or you weren’t impaired, DUI charges dismissed (hit and run charges remain but sentencing less severe).
3. Challenge Causation – Accident Didn’t Cause Injuries
Prosecution Must Prove:
For DUI causing injury charges, prosecution must prove your driving caused the injuries claimed by victims.
Defense Strategies:
Pre-Existing Injuries:
Victim had prior injuries to same body parts
Medical records show pre-existing conditions
Accident aggravated existing condition but didn’t cause new injury
Injuries Not Related to Accident:
Minor collision couldn’t cause serious injuries claimed
Biomechanical analysis shows forces insufficient for claimed injuries
Victim claiming injuries inconsistent with accident dynamics
Other Causes:
Other driver caused accident (you weren’t at fault)
Road conditions caused accident
Mechanical failure
Unavoidable accident
Exaggerated Injuries:
Victim exaggerating symptoms for financial gain
Medical records don’t support claimed severity
Surveillance shows victim more capable than claimed
Prior lawsuits or injury claims (pattern of exaggeration)
Independent Medical Examination:
Hire defense medical expert to evaluate victim
Challenge diagnosis and prognosis
Reduce claimed damages and restitution
Result: If accident didn’t cause injuries, felony DUI causing injury reduced to standard DUI misdemeanor. Dramatically reduces sentence and restitution.
4. Lack of Knowledge Defense – Didn’t Know Accident Occurred
For Hit and Run Charges:
Prosecution must prove you knew you were involved in an accident. If you didn’t know, you can’t be guilty of hit and run.
When This Defense Applies:
Minor Impact:
Very minor collision (small dent, no visible damage)
In heavy traffic, bumps and impacts common
Reasonable person might not realize accident occurred
Civil damages can be millions of dollars, far exceeding criminal restitution.
Your attorney must:
Coordinate criminal defense with civil exposure
Avoid statements that create civil liability
Structure criminal resolution to minimize civil claims
Work with civil attorney to protect assets
Santa Clarita Court Locations for Hit and Run DUI Cases
Los Angeles County Superior Court – San Fernando Courthouse
900 Third Street San Fernando, CA 91340 Phone: (818) 374-2080
Handles:
Santa Clarita misdemeanor DUI and hit and run arraignments
Preliminary hearings for some felony cases
Misdemeanor trials
Los Angeles County Superior Court – Santa Clarita Courthouse
23747 West Valencia Boulevard Santa Clarita, CA 91355 Phone: (661) 253-7300
Handles:
Santa Clarita area felony and misdemeanor cases
Preliminary hearings
Felony trials
Sentencing hearings
Los Angeles County Superior Court – San Fernando Criminal Courts Building
For serious felony cases, trial may be transferred to:
Criminal Courts Building 210 West Temple Street Los Angeles, CA 90012
Handles:
Major felony trials
Complex cases with multiple defendants
Cases with significant media attention
Why Choose Tu Defensor Criminalista for Hit and Run DUI Defense
Experience with Complex, High-Stakes Cases
Specialized Expertise:
Extensive experience defending felony DUI and hit and run cases
Understanding of accident reconstruction and causation issues
Knowledge of forensic toxicology and retrograde extrapolation
Familiarity with Los Angeles County DA policies on serious DUI cases
Relationship with expert witnesses (toxicologists, accident reconstructionists, medical experts)
Proven Track Record in Serious Cases
Client Success:
Perfect 5.0 Avvo rating—highest possible attorney rating
34 five-star client reviews
Three consecutive Client’s Choice Awards (2023, 2024, 2025)
Numerous felony reductions, dismissals, and favorable outcomes
Prison sentences avoided through aggressive negotiation and trial skills
Aggressive Trial Attorney
When Trial Is Necessary:
Extensive jury trial experience in felony cases
Not intimidated by serious charges or victim testimony
Skilled cross-examination of police, victims, and expert witnesses
Compelling presentation to juries
Track record of not guilty verdicts
Comprehensive Defense Strategy
We Handle Everything:
Criminal defense (misdemeanor and felony)
DMV license revocation proceedings
Coordination with civil attorneys
Victim negotiations and restitution
Expert witness retention and preparation
Mitigation and sentencing advocacy
Compassionate Understanding
We Know You’re Not a Monster:
Panic and fear caused you to leave scene
One terrible mistake doesn’t define you
We treat you with dignity and respect
Non-judgmental approach
Focus on moving forward and redemption
Bilingual Legal Services
Complete Spanish Language Representation:
Full legal services in Spanish (Hablamos Español)
Serve Santa Clarita Valley’s Spanish-speaking community
Court representation and document preparation in Spanish
Cultural understanding and sensitivity
Frequently Asked Questions
Why do people leave the scene after an accident?
Panic is the most common reason. After an accident—especially if alcohol is involved—fear and adrenaline can override rational thinking. Other common factors include lack of insurance, a suspended license, outstanding warrants, prior DUI history, or immigration concerns. While leaving the scene is a serious mistake, understanding the underlying reasons can help present mitigation and context in court.
What if I panicked and left but came back or called police?
Returning to the scene shortly after leaving, or contacting law enforcement to report the accident, is a significant mitigating factor. It suggests you did not intend to permanently evade responsibility. Although charges may still be filed, prosecutors are often more open to reductions, and courts may impose more lenient sentences when accountability is shown.
Can they prove I was driving if no one saw me?
Not automatically. If no witness identified you as the driver and you made no admission, the prosecution must rely on circumstantial evidence—such as vehicle ownership, damage patterns, or forensic evidence. Identification can be challenged, especially if others had access to the vehicle, you have an alibi, or conflicting witness statements exist. The prosecution must prove beyond a reasonable doubt that you were the driver.
What if I drank alcohol after the accident, before police found me?
This is known as a “post-accident drinking” defense. If alcohol was consumed after driving but before testing, the prosecution may have difficulty proving your blood alcohol concentration at the time of driving. The defense may rely on timing evidence, witness statements, receipts, or expert toxicology analysis. These cases often require careful forensic evaluation.
How much is restitution in hit-and-run cases?
Restitution is based on the victim’s documented financial losses and has no statutory cap. – Property damage cases: Often range from a few thousand dollars to $10,000+ for vehicle repairs. – Injury cases: May include medical bills, lost wages, rehabilitation costs, and other expenses—potentially reaching hundreds of thousands of dollars or more in serious cases. Courts typically require proof of losses, and restitution amounts can be challenged if unsupported or excessive.
Will I definitely go to prison for felony hit-and-run DUI?
Not necessarily. Even in felony cases, probation may be possible—particularly for first-time offenders and when injuries are relatively minor. Factors affecting sentencing include the severity of injuries, prior criminal history, blood alcohol level, whether you later cooperated, and overall mitigation. Some felony cases can be resolved without a state prison sentence.
Can felony hit-and-run DUI charges be reduced to a misdemeanor?
Yes, in certain circumstances. Many hit-and-run and DUI causing injury offenses are “wobblers,” meaning they can be charged as either felonies or misdemeanors. Reduction may depend on factors such as the seriousness of injuries, lack of prior record, evidence of remorse, early treatment efforts, and the victim’s position. A misdemeanor resolution avoids a permanent felony conviction and reduces sentencing exposure.
What if the other driver was partially at fault for the accident?
Comparative fault can be relevant. Evidence that the other driver was speeding, violated traffic signals, or otherwise contributed to the crash may affect charging decisions, plea negotiations, restitution, and sentencing. Accident reconstruction and independent investigation can be important in determining shared responsibility.
How long do I have before police find me after a hit and run?
Timing varies. If witnesses recorded a license plate, contact may occur quickly. In other cases, investigations involving surveillance footage, forensic analysis, or vehicle damage comparisons may take days or weeks. The statute of limitations in California is generally three years for most misdemeanors and three to four years for many felonies, but investigations typically move much faster.
Can I be sued by the victim even if criminal charges are dismissed or reduced?
Yes. Criminal and civil cases are separate proceedings. A dismissal or reduction in criminal court does not prevent a victim from filing a civil lawsuit. Civil cases use a lower burden of proof (“preponderance of the evidence”), making them easier to prove than criminal cases. Civil liability may include compensation for property damage, medical expenses, lost income, and pain and suffering.
Contact Tu Defensor Criminalista for Santa Clarita Hit and Run DUI Defense
Being charged with hit and run DUI is one of the most serious situations you can face—combining DUI offenses with leaving the scene creates potential for years in state prison, massive restitution, and permanent felony record. Whether you panicked and left the scene, or you’re accused of an accident you don’t remember, you need immediate, aggressive legal representation.
The consequences of conviction extend far beyond criminal penalties—affecting your freedom, finances, family, employment, and future opportunities. Prosecutors show no mercy in hit and run cases, and victims demand justice. You need an attorney who will fight for your rights, challenge every element of the prosecution’s case, and present your side of the story.
Don’t face these charges alone. The stakes are too high, and time is critical.
Speak directly with Attorney Armando Josué Cespedes about your Santa Clarita hit and run DUI arrest. Your consultation is completely free and confidential. We understand the urgency and fear you’re experiencing and are available 24 hours a day, 7 days a week to provide immediate answers and begin building your defense.
Santa Clarita | Valencia | Newhall | Canyon Country | Stevenson Ranch | Castaic | Saugus | Agua Dulce | Val Verde | All Santa Clarita Valley Communities
Critical Action Items:
Do NOT speak with police without attorney present—anything you say will be used against you
Do NOT admit you were driving or provide statements
Request DMV hearing within 10 days of arrest to protect your license
Preserve all evidence (photos of your vehicle, accident scene if possible)
Document any injuries you sustained or witnesses who can support your case
Contact us immediately—time is critical for investigation and defense
Why Act Immediately:
Police are actively investigating—evidence must be preserved now
Witness memories fade quickly—we need to interview them immediately
Video evidence may be erased or overwritten within days
Early attorney involvement can prevent charges from being filed or result in reduced charges
10-day DMV deadline to protect your license
The longer you wait, the harder your defense becomes
Protecting Your Rights. Defending Your Freedom. Fighting for Your Future.
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.
I was arrested for a DUI just recently, since Spanish is my first language, it was important to find a great attorney who was bilingual. Getting your first DUI can...
Armando cespedes went above and beyond for my case. I was very close to getting my license revoked as I am under the age of 21 and received my second...
I was referred to Mr. Cespedes by a family friend who was very pleased with his legal services. Unfortunately, I got a DUI a few months ago and I was...
Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
Extremely professional I recently had a brief phone consultation with Mr. Cespedes regarding a longtime friend of mine. Although he was unable to assist him with his legal needs, I...
English
Español de México