Expert Legal Defense for DUI Combined with Hit and Run Charges in San Bernardino and the Inland Empire
Being arrested for DUI is serious, but when your arrest also involves leaving the scene of an accident—even a minor one—you face two separate sets of criminal charges with dramatically enhanced penalties. Hit and run DUI creates a legal nightmare that can result in years in state prison, felony convictions, massive fines and restitution, permanent loss of your driver’s license, and devastating collateral consequences. At Tu Defensor Criminalista, we provide aggressive, experienced legal defense for individuals facing the complex combination of DUI and hit and run charges in San Bernardino and throughout the Inland Empire, protecting your rights and fighting to minimize the severe consequences you’re facing.
San Bernardino is a diverse city with a 2026 population of 226,103[1] located in San Bernardino County. As a major commuter hub with heavily traveled freeways including I-10, I-215, and Highway 210, traffic accidents are common throughout the region. According to recent enforcement data, since October 2024, collaborative law enforcement efforts in San Bernardino have resulted in 170 DUI arrests[2], and the San Bernardino Police Department conducts regular DUI checkpoints and saturation patrols[3] throughout the city.
According to statewide data, hit and run crashes in California increased by 4.5% from 2021 to 2022, with nearly 200,000 reported incidents annually[4]. When hit and run occurs in combination with DUI, prosecutors pursue maximum penalties including felony charges and state prison sentences. Don’t face these devastating charges without experienced legal representation.
Understanding Hit and Run Laws in California
California law requires all drivers involved in accidents to stop, exchange information, and render aid if necessary. Leaving the scene of an accident—even a minor fender-bender—is a crime under California Vehicle Code § 20001 and § 20002.
Vehicle Code § 20002 – Hit and Run (Property Damage Only)
If you’re involved in an accident that causes property damage to another vehicle, structure, or property, you must:
Immediately stop at the scene
Provide your name, address, driver’s license number, and vehicle registration to the other party
Provide your insurance information
If the property owner isn’t present, leave a note with your contact information in a conspicuous place
Failing to do so is a misdemeanor hit and run punishable by:
Up to 6 months in county jail
Fines up to $1,000
2 points on your DMV driving record
Civil liability for all damages
Possible license suspension
Vehicle Code § 20001 – Hit and Run (Injury or Death)
If the accident caused injury or death to another person, you must:
Immediately stop at the scene
Provide identification and information to the other party
Render reasonable assistance including calling emergency services and providing first aid if qualified
Remain at the scene until law enforcement arrives
Leaving the scene of an injury accident is a felony (or misdemeanor at the prosecution’s discretion as a “wobbler” offense) punishable by:
Misdemeanor (minor injuries): Up to 1 year in county jail and fines up to $10,000
Felony (serious injuries or death):
2, 3, or 4 years in state prison
Fines up to $10,000
Permanent felony conviction on your record
Additional enhancements if the victim suffered great bodily injury
Restitution to victims for all medical expenses, lost wages, and damages
If the accident resulted in death or permanent serious injury, you face:
5 years in state prison (Vehicle Code § 20001(b)(2))
Potential vehicular manslaughter charges
Potential murder charges in extreme cases
How DUI and Hit and Run Charges Combine
When you’re arrested for both DUI and hit and run, you face multiple criminal charges that compound and enhance each other:
Scenario 1: Property Damage Only
You’re driving under the influence and collide with a parked car, fence, mailbox, or other property. Afraid or confused, you leave the scene without stopping. You face:
DUI Charges: Vehicle Code § 23152(a) and/or § 23152(b)
Penalties: Up to 6 months jail, fines, license suspension, DUI programs
Plus Hit and Run: Vehicle Code § 20002 (misdemeanor)
Penalties: Up to 6 months jail, up to $1,000 fines
Combined: Both charges run together, creating exposure to up to 1 year in county jail, approximately $2,800 to $4,000 in total fines and fees, longer probation periods with stricter conditions, and 2 separate criminal convictions on your record.
Scenario 2: Injury to Another Person
You’re driving under the influence and cause an accident injuring another driver, passenger, pedestrian, or cyclist. You leave the scene. You face:
DUI Causing Injury: Vehicle Code § 23153 (felony wobbler)
Penalties: 2, 3, or 4 years state prison (plus enhancements), fines up to $5,000, victim restitution
Plus Hit and Run: Vehicle Code § 20001 (felony wobbler)
Penalties: 2, 3, or 4 years state prison, fines up to $10,000
Combined: Sentences can run consecutively, creating exposure to 4 to 8 years in state prison, tens of thousands in fines and restitution, permanent felony convictions, and classification as a convicted felon.
Scenario 3: Death Resulting from Accident
If someone dies in the accident and you leave the scene while under the influence, you face the most serious charges:
Gross Vehicular Manslaughter While Intoxicated: Vehicle Code § 191.5(a)
4, 6, or 10 years state prison
Plus Hit and Run Causing Death: Vehicle Code § 20001(b)(2)
5 years state prison
Combined: Up to 15 years in state prison, massive restitution, permanent felony record, and strike offenses under California’s Three Strikes Law.
Why People Leave Accident Scenes
Understanding why you left the scene is critical to developing defense strategies and mitigation arguments:
Panic and Fear: The most common reason people leave accident scenes is panic. You’re frightened, overwhelmed, and not thinking clearly.
Impaired Judgment: Alcohol or drugs impair decision-making abilities. You may not realize the severity of the accident or the legal requirement to stay.
Prior DUI: If you have prior DUI convictions, you’re terrified of the enhanced penalties and prison time, leading to irrational flight.
No License or Suspended License: You’re driving on a suspended license and fear additional charges.
Outstanding Warrants: You have outstanding warrants and fear arrest on those charges.
Immigration Status: You’re worried about immigration consequences or ICE involvement.
Lack of Insurance: You don’t have auto insurance and fear financial liability.
Didn’t Realize an Accident Occurred: In some cases, particularly minor contact in parking lots or with parked vehicles, you genuinely didn’t realize you struck anything.
Medical Emergency: You or a passenger had a medical emergency requiring immediate hospital attention.
Safety Concerns: You feared for your safety due to the location, time of night, or behavior of other parties involved.
While these reasons don’t legally justify leaving the scene, they’re important for mitigation and negotiation purposes.
Aggravating Factors That Increase Penalties
Certain circumstances result in enhanced charges and penalties:
High BAC: Blood alcohol content significantly above the legal limit demonstrates extreme impairment and recklessness.
Excessive Speed or Reckless Driving: Speeding, weaving, street racing, or other dangerous driving before the accident.
Multiple Victims: Injuries to multiple people create multiple counts and enhanced sentences.
Vulnerable Victims: Injuries to children, elderly persons, or disabled individuals result in enhanced charges.
Serious Injuries: Great bodily injury enhancements add 3 to 6 consecutive years under Penal Code § 12022.7.
Prior Convictions: Prior DUI, hit and run, or reckless driving convictions demonstrate a pattern and eliminate leniency.
Fled on Foot: Abandoning your vehicle and fleeing on foot demonstrates consciousness of guilt and is treated more severely than simply driving away.
False Information: Providing false information to law enforcement or filing false insurance claims adds additional charges.
Damage to Public Property: Hitting government vehicles, traffic signals, streetlights, or other public property adds complications and restitution requirements.
Strong Legal Defenses to Hit and Run DUI Charges
Despite the serious nature of these charges, strong legal defenses can result in reduced charges, dismissed counts, or case dismissal.
Challenging the Underlying DUI
If we successfully defend against the DUI charges, the case becomes simpler hit and run without the intoxication element:
Illegal Traffic Stop or Investigation: Fourth Amendment violations requiring suppression of evidence
Faulty Chemical Testing: Breath test errors (calibration, mouth alcohol, medical conditions), blood test errors (chain of custody, contamination, fermentation)
No Actual Impairment: Alternative explanations for symptoms, rising BAC defense showing you were below 0.08% while driving
Medical Conditions: Diabetes, hypoglycemia, neurological conditions, fatigue mimicking intoxication
Insufficient Evidence: Prosecution cannot prove beyond reasonable doubt you were the driver or were impaired
Challenging the Hit and Run Charges
No Knowledge of Accident: You genuinely didn’t know you were involved in an accident. This is a complete defense if credible:
Minor contact you didn’t feel or hear
Parking lot contact with unattended vehicle that caused no visible damage
Debris in road you thought you ran over but was actually someone’s property
No Accident Actually Occurred: The alleged “accident” was actually:
Normal contact in traffic (vehicles touching at low speed with no damage)
Damage pre-existing from a different incident
False accusation or mistaken vehicle identification
Accident Didn’t Involve Your Vehicle: Mistaken identity, similar vehicle, stolen vehicle, borrowed vehicle driven by someone else
You Did Stop and Exchange Information: You actually complied with legal requirements but there’s confusion or dispute about what occurred
Mechanical Failure Prevented Stopping: Your vehicle became disabled and you were unable to safely stop at the scene (though you must still report promptly)
Emergency Circumstances: You had a genuine emergency (medical crisis, safety threat) that prevented immediate compliance, but you reported as soon as reasonably possible
Not the Driver: Someone else was driving your vehicle, or police cannot prove you were the driver at the time of the accident
Challenging Causation in Injury Cases
For DUI causing injury and felony hit and run, the prosecution must prove your driving actually caused the injuries:
The other driver was at fault
Road conditions, weather, or mechanical failure caused the accident
Victim’s injuries were pre-existing or exaggerated
Victim’s own actions contributed to or caused the accident
Negotiating Charge Reductions
Even when evidence is strong, we negotiate for:
Felony to Misdemeanor Reduction: For wobbler offenses (DUI causing injury, hit and run with injury), reduction to misdemeanor avoids state prison and felony record
Dismissal of Hit and Run: In exchange for DUI plea, dismissal of hit and run charges
Dismissal of DUI: In exchange for hit and run plea, dismissal of DUI charges
Wet Reckless or Dry Reckless: Reducing DUI to reckless driving
Concurrent vs. Consecutive Sentences: Negotiating for sentences to run concurrently (at the same time) rather than consecutively (one after another)
Penalties Comparison: Property Damage vs. Injury
The difference between property damage and injury dramatically affects penalties:
Property Damage Only (Misdemeanor Hit and Run + DUI)
Jail: Up to 1 year county jail total Fines: $2,800 to $4,000 Charges: Two misdemeanors Probation: 3 to 5 years informal probation License: Suspension/revocation Record: Misdemeanor convictions
Injury (Felony Hit and Run + DUI Causing Injury)
Prison: 4 to 8 years state prison (potentially more with enhancements) Fines: $10,000 to $15,000+ Charges: Two felonies Probation: Formal probation or state prison License: Long-term revocation Record: Felony convictions, possible strikes Restitution: Potentially hundreds of thousands for medical bills, lost wages, pain and suffering
This dramatic difference makes it critical to investigate whether injuries actually occurred and their severity.
What to Do If You Left the Scene of an Accident
If you were involved in an accident and left the scene—whether under the influence or not—taking immediate action can significantly help your case:
Contact an Attorney Immediately: Before doing anything else, call an experienced criminal defense attorney at (888) 315-3326. We’ll advise you on the safest way to proceed.
Do Not Make Statements to Police Without an Attorney: Exercise your right to remain silent and request an attorney. Anything you say will be used against you.
Consult Your Attorney About Returning to the Scene: In some cases, promptly returning to the scene or contacting authorities after consulting your attorney can help mitigate charges.
Document Everything: Preserve evidence about your vehicle’s condition, your physical state, what you remember about the incident, and any witness information.
Do Not Repair Your Vehicle: Preserve evidence by not repairing damage until consulting your attorney and potentially allowing independent inspection.
Do Not Post on Social Media: Any statements, photos, or discussions about the incident can be used as evidence against you.
Gather Medical Records: If you have medical conditions that could explain behavior or symptoms, gather relevant medical documentation.
Administrative License Suspension: Standard DUI administrative suspension (4 months for first offense, 1 year for refusal or repeat offenses)
Negligent Operator Points: Hit and run adds 2 points to your driving record. Combined with DUI consequences, you may be designated a negligent operator.
License Revocation: Multiple violations, prior record, or serious injury can result in license revocation rather than suspension.
SR-22 Insurance Requirement: Mandatory SR-22 filing for 3 years with dramatically increased insurance premiums.
Ignition Interlock Device: Required for license reinstatement after DUI conviction.
Civil Liability and Restitution
Beyond criminal penalties, you face civil liability:
Restitution to Victims: Courts order restitution for all losses including vehicle repairs, medical expenses, lost wages, property damage, and sometimes pain and suffering. Restitution amounts can reach hundreds of thousands of dollars.
Civil Lawsuits: Victims can file separate civil lawsuits seeking compensatory damages, punitive damages (particularly in DUI cases), and attorneys’ fees. Civil judgments can bankrupt you and attach to your wages and property for years.
Insurance Issues: Your insurance company may deny coverage if you left the scene, leaving you personally liable for all damages.
Why San Bernardino Drivers Choose Tu Defensor Criminalista
Specialized Hit and Run DUI Experience
These cases require understanding both DUI law and hit and run law, coordinating defenses across multiple charges, and navigating complex penalty structures. We have extensive experience defending these challenging cases.
Immediate Investigation
Evidence disappears quickly. We immediately investigate to:
Locate and interview witnesses
Obtain surveillance video from nearby businesses or traffic cameras
Inspect vehicles before repairs
Reconstruct the accident scene
Gather evidence supporting your defense
Expert Resources
We employ accident reconstruction experts, toxicology experts, medical experts, and investigators to build comprehensive defenses.
Local Court Knowledge
We regularly appear in San Bernardino Superior Court[5] and understand local judges, prosecutors, and how these cases are handled in San Bernardino County.
Damage Control and Mitigation
We work to minimize consequences by:
Negotiating charge reductions and dismissals
Presenting compelling mitigation evidence
Demonstrating remorse and rehabilitation
Arranging restitution payment plans
Advocating for probation instead of prison
Bilingual Services
With San Bernardino’s population being 69.6% Hispanic[6], we provide full services in English and Spanish (Hablamos Español).
24/7 Availability
Hit and run DUI arrests are traumatic and require immediate attention. We’re available 24/7 at (888) 315-3326.
Frequently Asked Questions
What if I didn’t know I hit something?
If you genuinely didn’t know you were involved in an accident, you lacked the required criminal intent. We investigate to determine whether you reasonably should have known about the collision.
Is it too late to report the accident now?
It’s never too late to do the right thing, but consult an attorney first. We’ll advise on the safest way to come forward while protecting your rights.
What’s the difference between hit and run and leaving the scene?
They’re the same thing. “Hit and run,” “leaving the scene,” and “failure to stop” all refer to violations of Vehicle Code § 20001 and § 20002.
Can I go to prison for property damage hit and run?
Not for property damage alone (misdemeanor with maximum 6 months county jail), but combined with DUI or other charges, you face enhanced exposure.
What if no one was injured?
If only property was damaged, you face misdemeanor hit and run (VC § 20002) with less severe penalties than injury hit and run.
What if I was scared and panicked?
While panic doesn’t legally justify leaving, it’s important mitigation showing lack of criminal intent. We present this as evidence you didn’t act with malice.
Do I have to pay for all the damage?
Yes, through restitution and/or civil liability. The criminal court will order restitution, and victims can sue separately in civil court.
What if the other driver was at fault?
Even if the accident wasn’t your fault, you still have a legal duty to stop, exchange information, and render aid. However, the other driver’s fault is relevant to injury and damage claims.
Can these charges be reduced?
Yes, we frequently negotiate charge reductions, particularly reducing felonies to misdemeanors and getting counts dismissed through plea negotiations.
Will I lose my license forever?
Not forever, but you face suspension or revocation. With ignition interlock devices and completing requirements, licenses can eventually be reinstated.
The Importance of Acting Immediately
Time is critical in hit and run DUI cases:
Evidence disappears (surveillance video is erased, witnesses forget, vehicles are repaired)
The 10-day DMV hearing deadline approaches
Prosecutors are building their case against you
Witnesses’ memories fade
Negotiation opportunities diminish
Don’t wait—call us now at (888) 315-3326.
Contact Information
You’re facing some of the most serious DUI charges under California law. Hit and run combined with DUI can result in years in state prison, permanent felony convictions, and devastating consequences that follow you for life. Don’t face this alone. Tu Defensor Criminalista provides experienced, aggressive legal defense that protects your rights and fights for your freedom.
Your initial consultation is free and completely confidential. We’ll listen to what happened, answer all your questions, explain your options and potential defenses, and begin building your defense immediately. Don’t wait—contact us now at (888) 315-3326.
Critical Reminders:
You have only 10 days from arrest to request a DMV hearing
Evidence is disappearing every day
Anything you say to police or insurance companies will be used against you
The prosecution is building their case right now
Call (888) 315-3326 immediately for your free confidential consultation. We’re here 24/7 to help. Se habla español.
Citations and References
World Population Review. San Bernardino, California Population 2026. Available at: https://worldpopulationreview.com/us-cities/california/san-bernardino[1]
Governor of California. Governor Newsom Deploys New Teams to Fight Crime in Major California Cities. August 28, 2025. Available at: https://www.gov.ca.gov/2025/08/28/governor-newsom-deploys-new-teams-to-fight-crime-in-major-california-cities-building-on-existing-successful-efforts/[2]
City of San Bernardino. San Bernardino Police Department News Flash. Available at: https://www.sanbernardino.gov/m/newsflash?cat=11[3]
California Highway Patrol. SWITRS – Statewide Integrated Traffic Records System. Available at: https://www.chp.ca.gov/programs-services/services-information/switrs-internet-statewide-integrated-traffic-records-system[4]
Superior Court of California, County of San Bernardino. Official Website. Available at: https://sanbernardino.courts.ca.gov/[5]
California Demographics. San Bernardino Demographics. Available at: https://www.california-demographics.com/san-bernardino-demographics[6]
California Legislative Information. Vehicle Code Section 20001 – Hit and Run with Injury or Death. Available at: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20001[7]
California Legislative Information. Vehicle Code Section 20002 – Hit and Run with Property Damage. Available at: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20002[8]
California Legislative Information. Vehicle Code Section 23152 – Driving Under the Influence. Available at: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152[9]
California Legislative Information. Vehicle Code Section 23153 – DUI Causing Injury. Available at: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23153[10]
California Department of Motor Vehicles. 2021 Annual Report of the California DUI Management Information System. Available at: https://www.dmv.ca.gov/portal/uploads/2022/05/2021-DUI-MIS-Report-Update-11.3.22.pdf[11]
California Office of Traffic Safety. Official Website. Available at:https://www.ots.ca.gov/[12]
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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