Being involved in a hit and run accident while under the influence of alcohol or drugs in Downey is one of the most serious criminal situations you can face in California. When DUI charges are combined with hit and run allegations, you’re facing multiple criminal charges that can result in felony convictions, lengthy prison sentences, substantial fines, permanent loss of driving privileges, and devastating long-term consequences affecting every aspect of your life. Whether you panicked after an accident, didn’t realize you were involved in a collision, or are facing false accusations, you need an experienced criminal defense attorney who understands the complexities of these intertwined charges and knows how to fight aggressively to protect your freedom and future.
At Tu Defensor Criminalista, we provide comprehensive, strategic defense representation for individuals facing hit and run DUI charges throughout Downey and the surrounding Los Angeles County communities. We understand that hit and run DUI cases involve complex legal issues, multiple charging agencies, serious penalties, and high-stakes consequences requiring sophisticated defense strategies. Our firm is dedicated to protecting your constitutional rights, investigating all circumstances of your case, challenging the prosecution’s evidence, and fighting relentlessly to achieve the best possible outcome.
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Hit and run DUI cases involve violations of multiple California statutes, creating a complex legal situation where you face separate charges that prosecutors often pursue aggressively.
Hit and run offenses are governed by California Vehicle Code Sections 20001 and 20002[1]:
California law requires drivers involved in accidents to:
DUI offenses are primarily governed by California Vehicle Code Section 23152[1]:
VC 23152(a): Driving under the influence of alcohol or drugs VC 23152(b): Driving with a blood alcohol concentration (BAC) of 0.08% or higher
When DUI is combined with hit and run, prosecutors pursue both sets of charges simultaneously.
According to the California Office of Traffic Safety[2], hit and run crashes are a significant problem throughout California, with thousands of incidents reported annually. When alcohol or drugs are involved, these cases receive particularly aggressive prosecution because they demonstrate:
Prosecutors view hit and run DUI as particularly egregious because the driver was not only impaired but also fled rather than taking responsibility and rendering aid to injured persons.
The penalties for hit and run DUI depend on whether injuries occurred, the severity of those injuries, your criminal history, and other circumstances. You face separate penalties for each offense, and sentences can run consecutively (back-to-back) rather than concurrently.
When property damage occurred but no injuries:
Hit and Run (VC 20002):
DUI (VC 23152):
Combined Consequences: When facing both charges, you could face up to 12 months in jail (though sentences often run concurrently), substantially higher fines, and enhanced consequences from the combination of offenses.
When injuries or death occurred:
Felony Hit and Run (VC 20001):
DUI with Injury (VC 23153):
Combined Consequences: Facing both felony hit and run and DUI causing injury can result in 4-8 years or more in state prison, plus enhancements. Sentences for separate offenses can be ordered to run consecutively, meaning you serve them back-to-back rather than simultaneously.
Beyond direct criminal penalties, hit and run DUI convictions carry severe collateral consequences:
Downey, located in southeastern Los Angeles County, is a densely populated city with more than 110,000 residents according to the U.S. Census Bureau[4]. The city’s urban environment, major traffic corridors, and active nightlife create environments where hit and run DUI incidents can occur.
Hit and run DUI incidents in Downey commonly occur in several areas:
The Downey Police Department responds to hit and run incidents and conducts investigations to identify and locate suspects. According to the Downey Police Department[5], officers investigate hit and runs by:
When alcohol or drugs are suspected as contributing factors, DUI investigation becomes part of the hit and run investigation. If you’re located hours or days after the incident, prosecutors may still charge DUI based on witness observations at the scene, your statements, and other evidence.
The California Highway Patrol also investigates hit and runs on freeways and state highways within Downey. According to the California Highway Patrol[6], hit and run investigations are prioritized, particularly when injuries occurred.
Hit and run DUI cases arising in Downey are prosecuted by the Los Angeles County District Attorney’s Office and heard at the Governor George Deukmejian Courthouse (Downey Courthouse) located at 7500 E. Imperial Highway, Downey, CA 90242.
These cases are prosecuted aggressively because they involve multiple criminal violations and demonstrate disregard for public safety. Prosecutors have substantial resources including accident reconstruction experts, DUI specialists, and investigators dedicated to these serious cases.
However, skilled defense attorneys can often negotiate more favorable outcomes by demonstrating weaknesses in the prosecution’s case, presenting mitigating circumstances, and advocating effectively for their clients.
Hit and run DUI cases develop in various ways, and understanding common scenarios helps identify potential defenses.
Many hit and run DUI cases involve drivers who panic after accidents:
This scenario is extremely common. Fear, intoxication, and poor judgment combine to create an impulsive decision to flee that dramatically worsens the legal situation.
Some defendants genuinely didn’t know they were involved in an accident:
While intoxication doesn’t excuse failure to stop, genuine unawareness that an accident occurred can be a complete defense to hit and run charges.
Drivers sometimes realize after driving away that they may have hit something:
While immediate return to the scene is required by law, delayed reporting with cooperation can be mitigating.
Some hit and run DUI cases involve mistaken identity:
False identification defenses require thorough investigation and alibi evidence.
Rare cases involve legitimate emergencies:
These circumstances, while rare, can provide defenses or significant mitigation.
Hit and run DUI cases present complex legal issues that experienced attorneys exploit to achieve favorable outcomes.
Prosecutors must prove beyond a reasonable doubt that you were driving the vehicle involved in the hit and run. When you fled the scene, this element can be challenging to prove if:
Common prosecution evidence includes witness identifications, your statements to police, physical evidence placing you in the driver’s seat, injuries consistent with being the driver, and your ownership of the vehicle. Defense strategies include challenging witness identifications, asserting your Fifth Amendment right against self-incrimination (making no statements), presenting evidence that others had access to your vehicle, and establishing alibis.
When you’re located hours or days after the accident, proving you were intoxicated while driving becomes difficult for prosecutors:
Prosecutors rely on witness observations of your driving, appearance, and behavior at the scene, statements you make about alcohol consumption, evidence of alcohol in your vehicle, and retrograde extrapolation by experts to estimate your BAC at the time of driving. We challenge these methods by attacking witness credibility and accuracy, refusing to make statements, challenging the scientific validity of retrograde extrapolation, and presenting alternative explanations for observed behavior.
Hit and run requires proof that you knew you were involved in an accident. This is a critical element we challenge by demonstrating:
If you genuinely didn’t know an accident occurred, you cannot be convicted of hit and run.
California has specific statutes of limitations for filing criminal charges:
If prosecutors don’t file charges within these timeframes, they’re barred from prosecution (with some exceptions for circumstances that toll the statute).
At Tu Defensor Criminalista, we employ sophisticated defense strategies tailored to the unique facts of hit and run DUI cases:
When evidence is strong, we focus on mitigation:
Understanding the typical investigation and arrest process helps you protect your rights.
When police respond to a hit and run scene, they:
Police locate hit and run suspects through:
When police locate you, they may:
Critical: Exercise your constitutional rights by politely declining to answer questions without an attorney and refusing consent to vehicle or home searches without a warrant.
Without a traffic stop and immediate testing, prosecutors build DUI cases through:
We challenge each piece of evidence and the inferences drawn from it.
If you’re being investigated for or charged with hit and run DUI, contacting an attorney immediately is absolutely critical:
Police will attempt to interview you and obtain statements. Without an attorney, you may:
An attorney ensures your rights are protected from the first moment of contact with law enforcement.
Evidence deteriorates quickly. Early attorney involvement allows us to:
Speaking with police without counsel can result in additional charges:
An attorney prevents you from inadvertently providing evidence of other crimes.
Early attorney involvement sometimes allows negotiation before formal charges are filed, potentially resulting in:
In addition to criminal charges, you face DMV administrative license suspension for the DUI component of your case.
You have only 10 days from DUI arrest to request an APS hearing to contest automatic license suspension. This deadline is absolute.
At the APS hearing, we challenge:
The DMV also imposes license consequences for hit and run convictions:
These suspensions are separate from and in addition to DUI-related suspensions.
For non-citizens in Downey, hit and run DUI convictions can have catastrophic immigration consequences.
Hit and run causing injury may be classified as a “crime of violence” under federal immigration law, making non-citizens deportable. Combined with DUI, the immigration consequences intensify.
According to the U.S. Department of Homeland Security[7], immigration enforcement has become increasingly aggressive, and even lawful permanent residents face deportation for criminal convictions.
Certain felony convictions, particularly those involving sentences of one year or more, may be classified as “aggravated felonies” resulting in:
When representing non-citizens, we:
Hit and run DUI cases are among the most complex and serious criminal matters you can face. Choosing the right attorney can mean the difference between decades in prison and freedom.
We have successfully defended numerous hit and run DUI cases throughout Los Angeles County, including Downey. Our experience with these multi-layered prosecutions gives clients significant advantages.
We conduct thorough independent investigations including:
We file strategic pretrial motions including:
We work with qualified experts including:
Our relationships with Los Angeles County prosecutors and understanding of local court culture allow effective negotiation when appropriate, potentially resulting in:
While we seek favorable negotiations, we prepare every case for trial. This trial-ready approach maximizes negotiating leverage and ensures compelling defense presentation if cases proceed to trial.
We provide services in English and Spanish, ensuring clear communication with all clients.
We treat every client as an individual, providing personalized strategies tailored to your specific circumstances and goals.
Our familiarity with the Downey Courthouse, Los Angeles County prosecutors, judges, and court procedures allows informed, strategic representation.
We believe in vigorous defense and constitutional protections. We fight tirelessly to protect your rights, freedom, and future.
If you’re involved in a hit and run DUI situation, taking immediate action is critical.
Contact an attorney immediately before taking any action or speaking with police. Generally, the sooner you take responsibility, the better your legal position. Your attorney can contact law enforcement on your behalf, arrange for you to provide information, prevent incriminating statements, negotiate with prosecutors before formal charges are filed, and present mitigating circumstances. At Tu Defensor Criminalista, we’ve helped many clients who left accident scenes by facilitating cooperation with law enforcement while protecting their legal rights and achieving more favorable outcomes.
Yes, you can be charged with DUI even without chemical testing. Prosecutors can establish intoxication through witness observations of your driving behavior, appearance and behavior at the scene, statements about alcohol consumption, evidence found in your vehicle, and retrograde extrapolation to estimate your BAC. However, retrograde extrapolation is highly challengeable, and without your statements, prosecutors may be unable to prove intoxication beyond a reasonable doubt. At Tu Defensor Criminalista, we’ve successfully defended many hit and run DUI cases where no chemical testing occurred by challenging witness credibility and attacking retrograde extrapolation.
It depends on whether injuries occurred, severity of injuries, whether charges are felonies or misdemeanors, and your prior record. For misdemeanor hit and run with property damage only, prison isn’t possible — maximum is county jail up to 12 months. For felony hit and run causing injury combined with DUI, prison is possible with a range of 2-4 years or more. Even for felony charges, alternatives may include formal probation, residential treatment, work release, or plea agreements reducing charges to misdemeanors. At Tu Defensor Criminalista, we fight to keep clients out of prison by challenging charges, negotiating reduced sentences, and presenting powerful mitigation.
Yes, possible reductions include felony hit and run to misdemeanor, DUI to wet reckless (VC § 23103.5), DUI to dry reckless (VC § 23103), or in rare cases, dismissal of some or all charges. Factors supporting reduction include weak intoxication evidence, minor damage or injuries, prompt return to scene, no prior record, and problems with the prosecution’s case. Charge reductions provide enormous benefits including reduced jail exposure, lesser charges on record, reduced fines, shorter probation, and maintained eligibility for expungement.
Leaving the scene creates additional criminal charges, consciousness of guilt evidence, and prevents obtaining exculpatory evidence. However, it also creates defense opportunities — without immediate chemical testing, prosecutors must prove intoxication through less reliable evidence like witness observations and retrograde extrapolation. The lack of field sobriety test evidence and incriminating statements you would have made at the scene work in your favor. At Tu Defensor Criminalista, we analyze how leaving affects your specific case and develop strategies that minimize the negatives while exploiting weaknesses in the prosecution’s DUI case.
Genuine lack of knowledge is a complete defense to hit and run charges because California law requires knowledge of the accident. Common scenarios include minor contact with a parked car, striking roadside debris, backing into something unnoticed, or incidents where road noise or poor weather prevented awareness. However, if you were intoxicated, prosecutors will argue your impairment prevented awareness you should have had. At Tu Defensor Criminalista, we navigate this complexity by establishing the impact was so minor that even a sober person wouldn’t have noticed and challenging DUI evidence to show you weren’t actually impaired.
Yes, hit and run DUI convictions can result in deportation. Hit and run causing injury may be classified as a “crime of violence” making it a deportable offense. If classified as a crime involving moral turpitude, it can result in deportation. Felony convictions with sentences of one year or more may be classified as “aggravated felonies” resulting in mandatory ICE detention and deportation with virtually no relief. At Tu Defensor Criminalista, we consult with immigration attorneys, structure plea agreements to minimize immigration impact, seek alternative charges that don’t constitute deportable offenses, and ensure sentences stay below aggravated felony thresholds.
If someone was injured, your case becomes significantly more serious. Felony hit and run under VC § 20001 carries 2-4 years in state prison, fines up to $10,000, and restitution potentially reaching hundreds of thousands of dollars. Combined with DUI causing injury under VC § 23153, combined sentences can reach 4-8 years or more depending on the number of victims and severity of injuries. Additional consequences include civil lawsuits, personal liability for enormous judgments, and enhanced immigration consequences. Even in injury cases, we challenge whether injuries were caused by the accident, contest severity through medical experts, and present evidence that you panicked rather than callously fled.
A. At Tu Defensor Criminalista, we provide comprehensive, sophisticated defense representation specifically designed for the unique challenges of hit and run DUI cases in Downey and throughout Los Angeles County. Our approach begins with immediate case assessment and strategy development through a confidential consultation where we review all circumstances, identify potential defenses, explain your options clearly, and develop a strategic defense plan. We conduct thorough investigation by examining the accident scene and documenting conditions, interviewing witnesses to challenge prosecution accounts, obtaining surveillance footage from businesses and traffic cameras, reviewing police reports for errors and inconsistencies, examining your vehicle and preserving evidence, consulting with experts in accident reconstruction, toxicology, and other relevant fields, and gathering evidence supporting your defenses. We provide aggressive legal defense by asserting your constitutional rights and preventing self-incrimination, filing motions to suppress evidence obtained illegally, challenging identification of you as the driver, attacking evidence of intoxication through toxicology experts, demonstrating lack of knowledge that an accident occurred, and presenting alternative explanations for leaving the scene. We engage in strategic negotiation by leveraging weaknesses in prosecution’s evidence, seeking reduced charges (felony to misdemeanor, DUI to reckless driving), pursuing alternative sentencing to avoid prison, negotiating dismissal of enhancement allegations, and presenting compelling mitigation to prosecutors and judges. We coordinate DMV proceedings by requesting Administrative Per Se hearings within the 10-day deadline, fighting to preserve your driving privileges, and obtaining valuable discovery for criminal defense.
We provide trial-ready representation—while we seek favorable negotiations, we prepare every case for trial, which maximizes negotiating leverage and ensures compelling defense presentation if trial becomes necessary. For non-citizens, we protect immigration status by consulting with immigration attorneys, structuring outcomes to minimize deportation risk, and coordinating criminal and immigration defense. We offer personalized service through bilingual English and Spanish services, compassionate representation understanding the fear and stress you’re experiencing, regular communication and updates throughout your case, and treatment of each client as an individual with unique circumstances. Our local knowledge of the Downey Courthouse, Los Angeles County prosecutors and judges, and local court procedures allows informed, strategic representation. Most importantly, we’re committed to protecting your freedom and future through tireless advocacy, sophisticated defense strategies, and unwavering commitment to your rights. Many of our clients facing hit and run DUI charges achieve outcomes far better than they thought possible through reduced charges, avoided prison sentences, protected immigration status, and minimized long-term consequences. Contact us today at / for your confidential consultation.
Remember:
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.
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