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Hit and Run DUI Defense Attorney in Palmdale

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Expert Defense Against Hit and Run DUI, Misdemeanor Hit and Run, Felony Hit and Run & Leaving the Scene of an Accident in Palmdale, Lancaster, Santa Clarita, Victorville & All Los Angeles County

Being charged with both hit and run and DUI in Palmdale is one of the most serious situations you can face in the California criminal justice system. These combined charges carry severe penalties including lengthy jail or prison sentences, substantial fines, permanent license revocation, and a felony record that can follow you for life. The consequences extend far beyond the courtroom, affecting your employment, your family, your immigration status, and your ability to move forward with your life.

At Tu Defensor Criminalista, we understand the fear and uncertainty you’re experiencing right now. Hit and run DUI cases are complex, involving multiple criminal charges, serious allegations, and prosecutors who aggressively pursue maximum penalties. You need more than just any attorney—you need an experienced criminal defense lawyer who knows how to handle these high-stakes cases and who will fight tirelessly to protect your rights and your future.

Palmdale, located in northern Los Angeles County, is home to over 169,000 residents and serves as a major transportation hub for the Antelope Valley region. Major thoroughfares like the Antelope Valley Freeway (State Route 14), Palmdale Boulevard, and Avenue S see heavy traffic daily as commuters travel between Palmdale, Lancaster, Los Angeles, and surrounding areas. According to the California Highway Patrol[1], Los Angeles County reports thousands of hit and run collisions each year, many of which involve impaired drivers.


When a traffic collision occurs in Palmdale and you leave the scene while under the influence of alcohol or drugs, you face multiple serious criminal charges that can result in felony convictions and state prison time. Your case will be prosecuted at the Antelope Valley Courthouse in Lancaster, where deputy district attorneys pursue these cases aggressively. This is why having experienced legal representation from the moment of your arrest is absolutely critical.

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Understanding Hit and Run DUI Charges in California

Hit and run DUI cases involve violations of multiple California laws. Understanding each charge and how they interact is essential to building an effective defense strategy.

California Hit and Run Laws

California has two separate hit and run statutes, and which one applies depends on whether the collision resulted in property damage or injury.

Hit and Run with Property Damage Only – Vehicle Code 20002

Under California Vehicle Code Section 20002[2], if you’re involved in a collision that causes property damage to another vehicle or property, you must:

  • Stop immediately at the scene
  • Provide your name, address, and vehicle registration information to the other party
  • Show your driver’s license upon request
  • Provide insurance information
  • If the property owner is not present, leave a note with your contact information in a conspicuous place

Failing to fulfill these duties constitutes misdemeanor hit and run, punishable by up to 6 months in county jail and fines up to $1,000. However, when combined with DUI charges, the consequences become far more severe.

Hit and Run with Injury – Vehicle Code 20001

Under California Vehicle Code Section 20001[3], if you’re involved in a collision that results in injury or death to another person, you must:

  • Stop immediately at the scene
  • Provide identifying information to the other parties and police
  • Render reasonable assistance to any injured person, including calling emergency services or transporting them to medical care if necessary

Hit and run causing injury is a wobbler offense, meaning it can be charged as either a misdemeanor or felony depending on the circumstances. As a misdemeanor, it carries up to 1 year in county jail. As a felony, it carries 2 to 4 years in state prison.

If the collision results in serious injury or death, the penalties increase dramatically, with potential sentences of up to 4 years in state prison, or even life imprisonment in cases involving death.

California DUI Laws

DUI charges add another layer of serious criminal liability to hit and run cases.

DUI Alcohol and Drugs – Vehicle Code 23152

Under California Vehicle Code Section 23152[4], it is illegal to:

  • Drive under the influence of alcohol (VC 23152(a))
  • Drive with a blood alcohol concentration (BAC) of 0.08% or higher (VC 23152(b))
  • Drive under the influence of drugs (VC 23152(f))
  • Drive under the combined influence of alcohol and drugs (VC 23152(g))

When you’re arrested for DUI after a hit and run collision, prosecutors will typically charge you with the applicable DUI offense based on your BAC level and whether drugs were detected in your system.

DUI Causing Injury – Vehicle Code 23153

If the hit and run collision resulted in injuries to another person, you may be charged with DUI causing injury under California Vehicle Code Section 23153[5]. This is a wobbler offense that can be charged as either a misdemeanor or felony.

As a felony, DUI causing injury carries:

  • 2, 3, or 4 years in state prison
  • An additional and consecutive 3 to 6 years if the victim suffered great bodily injury
  • An additional 1 year for each additional injured victim (up to 3 years)
  • Fines ranging from $1,015 to $5,000 plus penalty assessments
  • Habitual Traffic Offender status for 3 years
  • License suspension or revocation

According to the National Highway Traffic Safety Administration[6], alcohol-impaired driving contributes to thousands of injury crashes nationwide each year, making this one of the most aggressively prosecuted offenses in California.

How Hit and Run and DUI Charges Combine

When you’re charged with both hit and run and DUI, prosecutors can pursue multiple charges simultaneously. Common charging scenarios include:

  • Hit and Run (VC 20002) + DUI (VC 23152) – Most common in property damage cases
  • Hit and Run Causing Injury (VC 20001) + DUI (VC 23152) – When injuries occur but DUI didn’t cause them
  • Hit and Run Causing Injury (VC 20001) + DUI Causing Injury (VC 23153) – When both leaving the scene and DUI contributed to injuries
  • Additional charges such as reckless driving, driving on a suspended license, or vehicular manslaughter in serious cases

These charges can be stacked, meaning you can be convicted and sentenced for both the hit and run and the DUI separately. This results in substantially longer jail or prison sentences than either offense alone would carry.

Why People Leave the Scene After a DUI Collision

Understanding why people leave the scene of an accident is important to developing defense strategies. Common reasons include:

Panic and Fear

Many people panic after a collision, especially if they’ve been drinking. The fear of immediate arrest, the shock of the accident, and impaired judgment from alcohol or drugs can cause people to make the irrational decision to flee the scene.

Lack of Awareness

In some cases, particularly with minor collisions or parking lot accidents, the driver may not realize they were involved in a collision. This is especially true when:

  • The collision was very minor with minimal impact
  • Weather conditions (darkness, rain) obscured visibility
  • The driver was distracted or impaired and didn’t notice the impact
  • The driver thought they scraped a curb or object rather than another vehicle

Attempt to Sober Up

Some individuals leave the scene intending to return after they’ve sobered up, hoping to avoid DUI charges. This strategy almost always backfires, as leaving the scene is a separate crime that carries its own serious penalties.

No Valid License or Insurance

Drivers without a valid license, registration, or insurance may flee because they fear the consequences of these violations in addition to the accident itself. However, leaving the scene only compounds the legal problems.

Outstanding Warrants or Immigration Concerns

Individuals with outstanding warrants or immigration concerns may leave the scene out of fear of arrest. Again, this decision only makes the situation worse and adds serious criminal charges.

Regardless of the reason, leaving the scene of a collision is a crime that must be defended strategically and aggressively.

Penalties for Hit and Run DUI in Palmdale, California

The penalties for hit and run DUI convictions in California are among the most severe in the criminal justice system. Understanding what you’re facing is critical.

Combined Penalties for Hit and Run and DUI

When convicted of both hit and run and DUI, you face penalties for each charge, which may run consecutively (one after another):

Hit and Run Property Damage + DUI (No Injuries)

  • Jail Time: Up to 6 months for hit and run + up to 6 months for first DUI (or longer for subsequent DUIs) = potential 1 year county jail
  • Fines: $1,000 for hit and run + $3,500-$5,000 for DUI (including assessments)
  • License Suspension: Longer suspension period than DUI alone, potentially 1-2 years
  • Restitution: You must pay for all property damage caused in the collision
  • Probation: 3-5 years with strict conditions
  • DUI School: 3-30 months depending on prior record

Hit and Run with Injury + DUI Causing Injury (Felony)

  • State Prison: 2-4 years for DUI causing injury + 2-4 years for felony hit and run = potential 4-8 years state prison (sentences may run consecutively)
  • Enhanced Penalties: Additional 3-6 years for great bodily injury, plus 1 year for each additional victim
  • Fines: Up to $10,000 plus penalty assessments
  • License Revocation: 5 years or permanent revocation
  • Restitution: Full compensation to victims for medical expenses, lost wages, pain and suffering, and property damage
  • Strike Offense: Felony DUI causing great bodily injury counts as a strike under California’s Three Strikes Law

Aggravating Factors That Increase Penalties

Certain circumstances can result in enhanced penalties:

  • High BAC: BAC of 0.15% or higher triggers enhanced DUI penalties
  • Prior DUI Convictions: Each prior DUI within 10 years increases penalties substantially
  • Excessive Speed: Driving 20+ mph over the limit adds mandatory jail time
  • Child in Vehicle: Child under 14 in vehicle results in enhanced charges
  • Refusal to Test: Refusing chemical testing adds penalties and longer license suspension
  • Fleeing to Avoid Arrest: Evidence that you left specifically to avoid DUI detection can increase sentences
  • Serious or Permanent Injuries: Severe injuries to victims result in maximum sentencing

Collateral Consequences

Beyond criminal penalties, hit and run DUI convictions create lasting consequences:

  • Permanent Criminal Record: Felony convictions remain on your record for life
  • Employment: Difficulty finding employment, particularly in aerospace, education, healthcare, and government sectors prominent in Palmdale
  • Professional Licenses: Suspension or revocation of professional licenses (nursing, teaching, commercial driving, etc.)
  • Housing: Difficulty obtaining rental housing with a felony record
  • Immigration: For non-citizens, felony convictions can result in deportation or inadmissibility
  • Insurance: Dramatically increased insurance rates or inability to obtain coverage
  • Civil Liability: Victims can file civil lawsuits for damages, potentially resulting in significant financial judgments
  • Loss of Rights: Felony convictions result in loss of gun ownership rights and voting rights while incarcerated

The Investigation Process for Hit and Run DUI in Palmdale

Hit and run DUI investigations are extensive and involve multiple law enforcement agencies working to identify and locate the suspect vehicle and driver.

Initial Collision Response

When a hit and run collision is reported in Palmdale, the Los Angeles County Sheriff’s Department (Palmdale Station at 750 E. Avenue Q) or the California Highway Patrol[1] responds to investigate. Officers will:

  • Document the collision scene with photographs and measurements
  • Collect physical evidence (paint transfers, vehicle parts, debris, tire marks)
  • Interview witnesses and obtain descriptions of the suspect vehicle
  • Review surveillance footage from nearby businesses, homes, or traffic cameras
  • Issue a BOLO (Be On the Lookout) for the suspect vehicle

According to the California Office of Traffic Safety[7], Los Angeles County experiences thousands of hit and run collisions annually, making these investigations a priority for local law enforcement.

Vehicle Identification and Location

Law enforcement uses various methods to identify and locate hit and run vehicles:

  • License plate information from witnesses or cameras
  • Vehicle registration databases
  • Automated License Plate Readers (ALPRs) throughout Palmdale and Los Angeles County
  • Vehicle part identification (cross-referencing parts left at scene with make/model)
  • Body shop and repair facility monitoring
  • Social media and public tips

In Palmdale, with major routes like State Route 14, Palmdale Boulevard, Avenue S, and 10th Street East having heavy surveillance and traffic monitoring, vehicles are often identified within hours or days of a collision.

Driver Identification and Arrest

Once the vehicle is located, investigators work to identify the driver. This can be challenging because:

  • The registered owner may not have been driving
  • Multiple people may have had access to the vehicle
  • Time has passed since the collision, making chemical testing for alcohol/drugs impossible or unreliable

Officers may:

  • Interview the registered owner and other potential drivers
  • Examine the vehicle for evidence (damage consistent with collision, blood or other biological evidence)
  • Obtain search warrants for phones, vehicles, or homes
  • Use surveillance footage to identify the driver
  • Rely on witness identifications

If sufficient evidence exists that you were the driver, you’ll be arrested and charged with both hit and run and DUI (if evidence of impairment exists).

Delayed Chemical Testing Challenges

One significant issue in hit and run DUI cases is that chemical testing often cannot be performed at the time of the collision since you left the scene. By the time you’re located and arrested, alcohol may have been metabolized and eliminated from your system.

Prosecutors may attempt to prove you were under the influence through:

  • Witness testimony about your behavior and condition before or during the collision
  • Evidence that you visited bars or purchased alcohol before the collision
  • Statements you made to police after being located
  • Expert testimony about retrograde extrapolation (calculating BAC at time of collision based on later test results or consumption patterns)
  • Circumstantial evidence and pattern of behavior

Defense Strategies for Hit and Run DUI Charges

Hit and run DUI cases are complex, but there are numerous defense strategies that an experienced attorney can employ to challenge the charges or minimize the consequences.

Challenging Driver Identification

One of the strongest defenses in hit and run cases is challenging whether the prosecution can prove beyond a reasonable doubt that you were actually driving. If the prosecution cannot establish you as the driver, they cannot convict you.

We investigate:

  • Whether witnesses actually saw you driving or only saw you near the vehicle
  • Whether surveillance footage clearly shows your face or only shows the vehicle
  • Whether other people had access to your vehicle at the time
  • Whether the vehicle was reported stolen
  • Whether the prosecution is relying solely on the fact that you’re the registered owner

Simply being the registered owner is not sufficient to prove you were driving. The prosecution must present concrete evidence linking you to the driver’s seat at the time of the collision.

Lack of Knowledge of the Collision

To convict you of hit and run, the prosecution must prove you knew or reasonably should have known that a collision occurred. Defenses based on lack of knowledge include:

  • The impact was so minor you didn’t realize a collision occurred
  • You thought you hit a curb, pothole, or debris rather than another vehicle
  • Weather conditions (darkness, rain, fog) prevented you from seeing or feeling the impact
  • Road conditions or background noise masked the sound of the collision
  • You were driving a large vehicle (truck, SUV) and didn’t feel the minor impact

In Palmdale, with poorly lit areas, construction zones, and roads in varying conditions, it’s not uncommon for drivers to be genuinely unaware they were involved in a collision.

Challenging DUI Evidence

If chemical testing was delayed or never performed, the prosecution’s DUI case may be weak. We challenge:

  • Lack of direct evidence of impairment at the time of driving
  • Reliability of witness observations (Were witnesses qualified to assess intoxication? How close were they? What were lighting conditions?)
  • Retrograde extrapolation calculations (These are speculative and rely on numerous assumptions)
  • Your statements to police (Were you properly advised of your Miranda rights? Were statements coerced?)

Without reliable chemical test results from the time of the collision, proving DUI beyond a reasonable doubt becomes significantly more difficult for prosecutors.

Necessity Defense

In rare circumstances, a necessity defense may apply if you left the scene because:

  • You or a passenger required immediate medical attention
  • Remaining at the scene would have placed you in imminent danger
  • You were fleeing from someone attempting to harm you
  • Your phone wasn’t working and you needed to drive to get help

For this defense to succeed, you typically must show that you contacted authorities or returned to the scene as soon as the emergency was resolved.

Mistake of Fact

If you genuinely and reasonably believed you had fulfilled your legal duties at the scene, you may have a mistake of fact defense. For example:

  • You exchanged information with someone you believed was the other driver, but it was actually a witness
  • You left a note with your information but it blew away or was removed
  • You waited at the scene for a period of time but left when no one came forward

Challenging Causation

If you’re charged with DUI causing injury, we can challenge whether your impairment actually caused the collision and injuries. Alternative causes may include:

  • The other driver’s negligence or traffic violations
  • Mechanical failure of your vehicle or the other vehicle
  • Road hazards, debris, or defects
  • Weather conditions
  • Unavoidable accident circumstances

If we can show that the collision would have occurred regardless of any impairment, the DUI causing injury charge may be defeated or reduced.

Negotiating Reduced Charges

In many cases, the best outcome involves negotiating with prosecutors to reduce the charges. Potential reductions include:

  • Felony hit and run reduced to misdemeanor
  • DUI causing injury reduced to standard DUI
  • DUI reduced to wet reckless or dry reckless
  • Dismissal of some counts in exchange for pleading to others
  • Alternative sentencing (house arrest, work release, community service instead of jail)

Our firm’s reputation, relationships with prosecutors at the Antelope Valley Courthouse, and thorough case preparation give us leverage in these critical negotiations.

What to Do If You’re Involved in a DUI Hit and Run

If you’ve already left the scene of a collision and are facing potential hit and run charges, there are steps you should take immediately to protect yourself.

Contact an Attorney Before Speaking to Police

Do not contact police or turn yourself in without first consulting with an experienced criminal defense attorney. Once you have legal representation:

  • Your attorney can contact authorities on your behalf
  • Your attorney can arrange for a voluntary surrender if appropriate, which looks better than being arrested
  • Your attorney can advise you about what to say and what not to say
  • Your attorney can be present during any police interviews
  • Your attorney can begin investigating the case immediately

Do Not Make Statements on Social Media

Do not post anything on social media about the collision or your whereabouts. Prosecutors routinely review social media accounts and will use any posts, photos, or comments against you in court.

Preserve Evidence

If possible, preserve evidence that may support your defense:

  • Take photos of your vehicle showing the damage and overall condition
  • Keep receipts or records of where you were before and after the collision
  • Write down everything you remember about the incident while it’s fresh in your memory
  • Identify potential witnesses who can support your version of events

Do Not Repair Your Vehicle Immediately

Do not repair collision damage to your vehicle before consulting with your attorney. The damage pattern may be important evidence in your defense, and repairing the vehicle could be seen as destroying evidence.

Be Prepared for Search Warrants

If investigators identify you as a suspect, they may obtain search warrants for your vehicle, phone, home, or other property. Do not resist or interfere with the execution of a valid search warrant, but insist on having your attorney present or contacted immediately.

Hit and Run DUI and Immigration Consequences

For non-citizens living in Palmdale, hit and run DUI convictions can have devastating immigration consequences. According to U.S. Census Bureau[8] data, Palmdale has a significant immigrant population, making these issues particularly relevant to our community.

Deportable Offenses

Under federal immigration law, certain criminal convictions can result in deportation, including:

  • Aggravated felonies
  • Crimes involving moral turpitude (CIMTs)
  • Crimes of violence

Hit and run, particularly when charged as a felony, may be considered a crime involving moral turpitude because it demonstrates a conscious disregard for the safety and property rights of others. When combined with DUI causing injury, the immigration consequences become even more severe.

Impact on Immigration Applications

Hit and run DUI convictions can affect:

  • Green card applications and renewals
  • Naturalization and citizenship applications
  • Visa applications and extensions
  • Asylum and refugee status
  • Re-entry to the United States after traveling abroad

The U.S. Citizenship and Immigration Services[9] carefully reviews criminal history as part of its evaluation of “good moral character,” which is required for many immigration benefits.

Defending Against Immigration Consequences

At Tu Defensor Criminalista, we understand the intersection of criminal and immigration law. We work to:

  • Negotiate plea agreements that minimize or eliminate immigration consequences
  • Seek alternative dispositions that avoid convictions classified as CIMTs or aggravated felonies
  • Pursue post-conviction relief when possible
  • Coordinate with immigration attorneys to develop comprehensive defense strategies

If you’re a non-citizen facing hit and run DUI charges, it is absolutely critical that your criminal defense attorney understands immigration law and works to protect your status.

Hit and Run DUI and Employment in Palmdale

Palmdale’s economy is heavily dependent on aerospace, defense, manufacturing, and service industries. A hit and run DUI conviction can have severe employment consequences in these sectors.

Security Clearances

Many Palmdale residents work for aerospace and defense contractors like Northrop Grumman, Lockheed Martin, and Boeing, which require security clearances. According to the U.S. Bureau of Labor Statistics[10], the aerospace industry represents a significant portion of employment in the Antelope Valley.

A felony hit and run DUI conviction can result in:

  • Denial of security clearance applications
  • Revocation of existing clearances
  • Termination from positions requiring clearances
  • Inability to obtain future employment in the defense industry

Commercial Driving Licenses

If you hold a commercial driver’s license (CDL), a DUI conviction results in:

  • Lifetime CDL disqualification if this is a second DUI
  • One-year CDL disqualification for first offense
  • Permanent prohibition on hazmat endorsements

When combined with hit and run charges, CDL consequences are even more severe, as commercial driving requires the highest standard of responsibility.

Professional Licenses

Hit and run DUI convictions can affect professional licenses including:

  • Nursing licenses (California Board of Registered Nursing)
  • Teaching credentials (California Commission on Teacher Credentialing)
  • Real estate licenses
  • Contractor licenses
  • Medical licenses

Licensing boards view hit and run offenses particularly seriously because leaving the scene demonstrates a lack of integrity and accountability.

General Employment

Even for positions that don’t require specific licenses, a felony conviction creates barriers to employment:

  • Most employers conduct background checks
  • Many employers have policies against hiring individuals with felony convictions
  • Certain industries (childcare, education, healthcare, finance) are largely closed to those with criminal records
  • Gaps in employment while incarcerated create resume issues

The Antelope Valley Courthouse and Local Prosecution

Hit and run DUI cases from Palmdale are prosecuted at the Antelope Valley Courthouse, located at 42011 4th Street West in Lancaster. Understanding the local court system is essential to effective defense.

Court Procedures

Your case will proceed through several stages:

  • Arraignment: You’ll be formally charged and enter a plea (typically not guilty initially)
  • Preliminary Hearing: For felony charges, the court determines if sufficient evidence exists to proceed to trial
  • Pre-Trial Conferences: Your attorney negotiates with prosecutors and files motions to suppress evidence or dismiss charges
  • Trial: If no plea agreement is reached, the case proceeds to jury trial
  • Sentencing: If convicted, the judge imposes sentence based on statutory guidelines and case-specific factors

Local Prosecution Practices

The Los Angeles County District Attorney’s office prosecutes hit and run DUI cases aggressively, particularly when injuries are involved. Deputy district attorneys assigned to the Antelope Valley office are experienced in these cases and typically seek maximum penalties.

However, when faced with strong defenses and thorough case preparation, prosecutors are willing to negotiate reasonable plea agreements. Having an attorney who regularly appears in this courthouse and has established professional relationships gives you significant advantages in negotiations.

Civil Liability for Hit and Run DUI

In addition to criminal charges, you may face civil lawsuits from victims of the collision.

Personal Injury Claims

Victims can sue you for:

  • Medical expenses (past and future)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage

Punitive Damages

Because hit and run DUI involves particularly egregious conduct (both driving drunk and fleeing the scene), courts may award punitive damages designed to punish you and deter similar conduct. Punitive damages can be substantial, often several times the amount of compensatory damages.

Insurance Issues

Your auto insurance may deny coverage for the collision because:

  • Intentional acts (leaving the scene) may void coverage
  • DUI exclusions in many policies
  • Failure to cooperate with the insurer by leaving the scene

This means you may be personally liable for all damages awarded in a civil lawsuit, which can result in wage garnishment, property liens, and bankruptcy.

Why Choose Tu Defensor Criminalista for Hit and Run DUI Defense

Hit and run DUI cases require specialized knowledge, extensive investigation, and aggressive advocacy. Here’s why clients choose our firm:

Extensive Experience with Complex DUI Cases

We focus exclusively on criminal defense, with particular emphasis on DUI and traffic-related offenses. We’ve successfully defended clients facing all types of hit and run DUI charges, from property damage to serious injury cases.

Thorough Investigation

We leave no stone unturned in investigating your case:

  • Obtaining and analyzing all police reports, collision reports, and investigation records
  • Hiring accident reconstruction experts to analyze the collision
  • Locating and interviewing witnesses
  • Obtaining surveillance footage from businesses, residences, and traffic cameras
  • Consulting with medical experts regarding injury causation
  • Reviewing all physical evidence and testing procedures
  • Investigating alternative explanations and defenses

Local Courthouse Knowledge

We regularly appear at the Antelope Valley Courthouse and have developed strong working relationships with judges, prosecutors, and court personnel. We understand local procedures, know which arguments are most effective with local decision-makers, and have a proven track record in this courthouse.

Aggressive Advocacy

We prepare every case as if it’s going to trial, which gives us leverage in negotiations and ensures we’re ready if trial becomes necessary. Prosecutors know we will not hesitate to take a case to trial to protect our clients’ rights.

Personalized Attention

When you hire Tu Defensor Criminalista, you work directly with an experienced attorney, not a paralegal or assistant. We take time to understand your situation, answer your questions thoroughly, and keep you informed at every stage of your case.

Bilingual Services

We proudly serve Palmdale’s diverse community with fluent English and Spanish language services, ensuring clear communication and culturally sensitive representation.

Comprehensive Defense Strategy

We don’t just handle the criminal case—we help you understand and minimize all consequences, including:

  • DMV license suspension proceedings
  • Immigration consequences
  • Employment impacts
  • Professional license issues
  • Civil liability exposure

Frequently Asked Questions – Hit and Run DUI

What should I do if I left the scene of an accident after drinking?

Contact an experienced criminal defense attorney immediately before speaking to police or turning yourself in. Your attorney can advise you on the best course of action, contact authorities on your behalf if appropriate, and begin building your defense. Do not make any statements to police without your attorney present, and do not post anything on social media about the incident. Every case is different, but having legal representation from the beginning gives you the best chance of minimizing consequences.

Can I be charged with DUI if I wasn’t tested at the scene?

Yes. While it makes the prosecution’s case more difficult, you can still be charged with DUI based on other evidence such as witness testimony about your behavior and condition, circumstantial evidence of alcohol consumption, statements you made, and expert testimony using retrograde extrapolation. However, the lack of chemical test results significantly weakens the prosecution’s case and provides opportunities for defense.

Will I go to prison for hit and run DUI?

It depends on several factors including whether anyone was injured, the extent of any injuries, your prior criminal record, your blood alcohol level, and the specific circumstances of your case. For property damage cases, prison is unlikely but county jail is possible. For injury cases charged as felonies, state prison is a real possibility, with sentences ranging from probation to several years depending on aggravating factors. An experienced attorney can often negotiate alternatives to prison even in serious cases.

How can prosecutors prove I was driving if no one saw me?

The prosecution must prove beyond a reasonable doubt that you were driving. They may use circumstantial evidence such as: you being the registered owner, the vehicle being registered to your address, surveillance footage showing you near or in the vehicle, witnesses seeing you before or after the collision, your statements to police, or physical evidence placing you in the driver’s seat. However, being the registered owner alone is not sufficient—there must be additional evidence linking you to the driver’s seat at the time of the collision.

What if I didn’t know I hit another car?

Lack of knowledge that a collision occurred is a valid defense to hit and run charges. If the impact was very minor, if conditions prevented you from seeing or feeling the collision, or if you reasonably believed you hit a curb or object rather than a vehicle, you may not be guilty of hit and run. Your attorney will need to investigate the circumstances and present evidence supporting your lack of knowledge.

Can hit and run DUI charges be reduced?

Yes, in many cases charges can be reduced through negotiation. Possible reductions include felony to misdemeanor, DUI causing injury to standard DUI, or DUI to wet reckless or dry reckless. The likelihood of a reduction depends on the strength of the evidence, the severity of any injuries, your prior record, and the skill of your attorney in negotiating with prosecutors.

Will my insurance cover the damages if I left the scene?

Probably not. Most insurance policies have provisions that allow the company to deny coverage if you fail to fulfill your duties after an accident, which includes remaining at the scene. Additionally, intentional acts (leaving the scene) and DUI are often excluded from coverage. This means you may be personally liable for all damages, which can be financially devastating. This is another reason why having an attorney who can potentially negotiate reduced charges is so important.

How long do prosecutors have to file hit and run DUI charges?

The statute of limitations for misdemeanor hit and run is one year from the date of the offense. For felony hit and run and DUI causing injury, the statute of limitations is three years. However, these deadlines can be extended in certain circumstances, and prosecutors typically file charges well before the deadline expires once you’ve been identified as a suspect.

What happens to my driver’s license?

You face both criminal court suspension/revocation and DMV administrative suspension. For DUI, the DMV will administratively suspend your license (4 months for first offense, 1 year for refusal). For hit and run causing injury, the court can suspend your license for up to 3 years. The criminal court may also suspend or revoke your license as part of your sentence. These suspensions can run concurrently or consecutively, potentially leaving you without a license for an extended period.

Can I get a restricted license to drive to work?

It depends on the specific circumstances and charges. For standard DUI, you may be eligible for an ignition interlock device (IID) restricted license. However, for hit and run DUI cases, particularly those involving injury, obtaining a restricted license is more difficult and may not be allowed. Your attorney can advise you on your eligibility and help you navigate the DMV process.

What if I’m not a U.S. citizen?

Hit and run DUI convictions can have severe immigration consequences including deportation, inadmissibility, and denial of naturalization. Felony convictions are particularly serious. It is critical that your criminal defense attorney understands immigration law and works to minimize or eliminate immigration consequences through strategic plea negotiations and case resolution. At Tu Defensor Criminalista, we have extensive experience protecting the immigration status of our clients.

Should I talk to the police if they contact me?

No. You should politely decline to answer questions and immediately contact an attorney. Anything you say can and will be used against you. Police may seem friendly or suggest that cooperation will help you, but their job is to gather evidence for prosecution. Exercise your Fifth Amendment right to remain silent and your Sixth Amendment right to an attorney.

How much does it cost to hire an attorney for hit and run DUI?

Attorney fees vary depending on the complexity of the case, the severity of the charges, and whether the case goes to trial. We provide transparent fee agreements during your free consultation. While legal representation is an investment, the cost of a conviction—including prison time, fines, lost employment, and a permanent criminal record—far exceeds the cost of quality legal defense. We work with clients to make representation accessible through payment plans when appropriate.

Contact Tu Defensor Criminalista for Palmdale Hit and Run DUI Defense

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LanguagesEnglish & Spanish (Hablamos Español)
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Remember:

  • Request DMV hearing within 10 days of arrest
  • Don’t talk to police without attorney
  • Don’t plead guilty without exploring defenses
  • Free consultation – call now

Sources

  1. California Highway Patrol (chp.ca.gov)
  2. California Vehicle Code Section 20002 (leginfo.legislature.ca.gov)
  3. California Vehicle Code Section 20001 (leginfo.legislature.ca.gov)
  4. California Vehicle Code Section 23152 (leginfo.legislature.ca.gov)
  5. California Vehicle Code Section 23153 (leginfo.legislature.ca.gov)
  6. National Highway Traffic Safety Administration (nhtsa.gov)
  7. California Office of Traffic Safety (ots.ca.gov)
  8. U.S. Census Bureau (census.gov)
  9. U.S. Citizenship and Immigration Services (uscis.gov)
  10. U.S. Bureau of Labor Statistics (bls.gov)
  11. California Legislative Information – California Vehicle Code Section 23153 (DUI Causing Injury Statute) (codes.findlaw.com)

Client Trust & Avvo Recognition

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...
Christian
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...
Nathan
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...
Connie
He cares and did everything possible to help me resolve my case. I was worried about my hit and run and DUI case. Not only did he go to court...
Pablo M.
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...
Raul
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...
Shereen

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