Given separate consideration, driving under the influence (DUI) and hit-and-runs are serious offenses. When combined, the penalties may be harsher if not approached by experienced legal counsel. The consequences of a DUI hit-and-run are severe, bringing about harsh penalties to those caught and convicted of such a crime, including the suspension or revocation of the driver’s license.
Criminal defense attorney Brian Gabriel specializes in DUI laws and has successfully represented defendants accused of this crime in the past. Using his in-depth knowledge of Florida DUI law, he may be able to help you resolve your case to your benefit, no matter how bleak the situation may look initially.
What is a DUI Hit and Run?
A DUI hit and run is characterized by a collision caused by an impaired driver who leaves the scene of an accident without exchanging pertinent personal and insurance information with the other driver. In these situations, the impaired driver has typically caused property or personal injury damage in the collision.
It is against the law to leave the scene of an accident without at least exchanging information with the other driver. The only exception is if you sustained a severe injury in the accident and are taken from the scene by emergency medical personnel. Hit-and-run drivers, especially in DUI incidents, face severe legal consequences, including multiple felony charges and harsher penalties compared to if they had remained at the scene.
Penalties for Florida DUI Hit and Run Involving Serious Bodily Injury
Leaving the scene of an accident, even without the DUI component, is a third-degree felony. It is punishable by a fine of up to $5,000 and up to five years in prison. If someone was killed in the collision, the driver in question might face manslaughter charges, up to 30 years in prison, and a $10,000 fine. Additionally, hit-and-run charges can lead to serious legal implications, especially when compounded with DUI offenses.
If the driver is also charged with DUI, then separate penalties apply. DUI manslaughter carries severe legal consequences, including lengthy prison sentences and substantial fines. For DUI accidents involving property damage or minor injury, the penalty is up to $1,000 in fines and up to a year in jail.
Severe injuries in a DUI accident become a felony charge, punishable by up to five years in prison and up to $5,000 in fines. The severity of penalties can be influenced by prior DUI convictions, leading to longer license suspensions, greater fines, and mandatory jail time.
Causing serious bodily injury in a DUI accident can significantly elevate the charges, often resulting in felony classifications. These compounded charges can lead to severe penalties, including license suspension, hefty fines, mandatory community service, and even jail time.
Consequences for Victims of Hit and Run Accidents
Victims of hit-and-run accidents often endure severe consequences that extend beyond the immediate physical harm. The emotional trauma and financial burdens can be overwhelming. Victims of hit-and-run accidents may be entitled to compensation for their damages, which can include medical expenses, lost wages, and property damage. However, navigating the process of seeking compensation can be complex and challenging, especially if the at-fault driver is not found or identified.
Under Florida law, victims of hit-and-run accidents may seek compensation through their own insurance policies, such as personal injury protection (PIP) coverage and uninsured/underinsured motorist coverage. These policies can provide some relief, but they often come with limitations and exclusions. Victims may need to negotiate with their insurance companies to obtain fair compensation, which can be a daunting task without legal assistance.
In addition to insurance claims, victims may also pursue legal action against the at-fault driver if they are identified. This involves filing a lawsuit to seek damages for their injuries and losses. However, this legal process can be time-consuming and costly. Working with an experienced attorney can help victims navigate the legal system and improve their chances of obtaining the compensation they deserve.
How Police Investigate Hit-and-Run Accidents
When a hit-and-run accident occurs, police investigations play a crucial role in identifying the at-fault driver and gathering evidence to support a criminal case. Law enforcement officers employ a variety of techniques to investigate these incidents thoroughly.
One of the first steps in the investigation is a meticulous examination of the accident scene. Officers look for physical evidence, such as skid marks, debris, and any other clues that can help reconstruct the events leading up to the collision. Reviewing surveillance footage from nearby cameras is another critical method, as it can provide visual evidence of the accident and potentially capture the vehicle involved.
Interviewing witnesses and the victim is also a key component of the investigation. Witnesses can offer valuable information about the accident, including descriptions of the vehicle and driver. Canvassing the area for additional witnesses or potential suspects is another strategy used by police to gather more information.
If security cameras are present in the vicinity, officers will check for any footage that may have captured the accident. This can be instrumental in identifying the at-fault driver. Once the driver is identified, they may face serious criminal charges, including hit and run, which can result in fines, jail time, and license suspension, depending on the severity of the accident and the driver’s prior record.
Throughout the investigation, police work closely with the victim to gather evidence and build a strong case against the at-fault driver. This collaboration is essential in ensuring that justice is served and that victims receive the compensation they deserve. Police investigations of hit-and-run accidents are vital in holding at-fault drivers accountable and providing closure for victims.
Possible Defenses in DUI Hit and Run Cases
When facing charges for a DUI hit and run, crafting a strong defense strategy is crucial. These defenses not only challenge the prosecution’s case but also protect the legal rights of the accused. The following are some possible defenses that can be employed in DUI hit-and-run cases:
Lack of Knowledge
One of the primary defenses in a hit and run case is the lack of knowledge defense. The defendant might argue that they were unaware an accident had occurred, or did not realize there was damage or injury caused. This could be due to poor visibility, the minor nature of the impact, or confusion at the time of the incident.
No Impairment
For the DUI component, the defense might argue that the defendant was not actually impaired at the time of the incident. This could involve questioning the accuracy and administration of blood alcohol content (BAC) tests or presenting evidence that any signs of impairment observed by officers were due to other factors, such as fatigue or medical conditions.
Violation of Constitutional Rights
This defense involves scrutinizing the actions of law enforcement during the arrest. If it can be shown that the defendant’s rights were violated during the investigation—for example, through an unlawful traffic stop or failure to administer Miranda warnings properly—evidence gathered during these actions might be suppressed.
Emergency Justification
The defendant might claim that leaving the scene was necessary due to an emergency. This could include needing to rush to the hospital or another situation where staying at the scene would have caused greater harm. For this defense to be effective, evidence of the emergency and its necessity must be convincingly presented.
Faulty BAC Testing
Challenging the results of BAC testing is a common defense in DUI cases. The defense may argue that the breathalyzer was not calibrated correctly, the blood sample was mishandled, or the officer conducting the test was not properly trained. These factors may cast doubt on the reliability of the BAC results.
Duress or Coercion
In some instances, the defendant may argue they were forced to leave the scene due to threats or immediate danger, constituting a duress scenario. Proving this requires demonstrating that the defendant believed there was an immediate threat that justified leaving the scene.
Mistaken Identity
Mistaken identity can be a viable defense, especially in chaotic scenarios or where the evidence linking the accused to the crime is not direct (such as in cases relying on witness descriptions that could match multiple individuals).
By carefully examining the circumstances and evidence of each case, an experienced DUI attorney can determine the most appropriate defenses. The ultimate goal is to either dismiss the charges or reduce the potential penalties, depending on the strength of the case and the evidence presented.
Understanding the Legal Process for DUI Hit and Run Cases
Navigating the legal process following a charge for a DUI hit and run can be complex and intimidating. Understanding what to expect at each stage helps defendants better prepare for the journey ahead. Here’s a breakdown of the typical legal process involved in these cases:
1. Arrest and Booking
The process begins with the arrest, where law enforcement officers take the suspect into custody. Following the arrest, the individual will be booked, which involves recording their information, taking fingerprints, and possibly taking photographs.
2. Initial Court Appearance (Arraignment)
After an arrest for a DUI hit and run, the first court appearance is typically the arraignment. During the hearing, the charges against the defendant are formally read, and he or she will have the chance to plead guilty, not guilty, or no contest. This is also when the judge may address bail conditions.
3. Pre-Trial Motions
If the defendant pleads not guilty, the case moves forward to the pre-trial phase. During this period, defense attorneys often file various motions, such as motions to suppress evidence (arguing that certain evidence should not be allowed in court due to procedural errors or rights violations during the arrest).
4. Plea Bargaining
Throughout the pre-trial phase, there may be opportunities for plea bargaining, where the prosecution and the defense will negotiate an agreement where the defendant may plead guilty to a charge of less severity in exchange for a lighter sentence..
5. Trial
The case moves forward to trial if no plea agreement is reached. During the trial, both the prosecution and the defense will present evidence, call witnesses, and argue the case before a judge or jury. The trial is the stage where the defense can challenge the prosecution’s case, presenting any defenses relevant to the charges of DUI and leaving the scene.
6. Sentencing
If the defendant is found guilty at trial, the case moves to the sentencing phase. The severity of the sentence for a DUI hit and run can depend on various factors, including the presence of injuries, the defendant’s criminal history, and whether the defendant was under the influence of alcohol or drugs.
7. Post-Trial Appeals
After conviction, the defendant has the right to appeal the decision. The appeal can question procedural mistakes, the application of the law, or other legal errors that could have affected the verdict or sentencing.
8. Completion of Sentence and Aftermath
After serving any sentence imposed, the individual might face additional requirements such as probation, community service, or mandatory participation in DUI education programs. The conviction can also have long-lasting effects on the individual’s driver’s license status and insurance rates.
Each DUI hit-and-run case is unique, and the legal strategies and outcomes can vary significantly based on the specifics of the case and the quality of the defense. Thus, it is crucial to engage a knowledgeable and experienced DUI attorney who will navigate the legal system on your behalf.
Reach Out to a Reputable Florida DUI Lawyer If You Have Been Accused of a DUI Hit and Run
If you have been accused of a DUI hit and run, you need legal representation immediately. The ramifications of the DUI element alone are enough to threaten your driving privileges and your freedom. The financial consequences are significant as well. However, adding the hit-and-run component to the situation may only make it worse. Hiring a skilled DUI lawyer may be the best way for you to resolve the case in a way that leads to a positive outcome for you.
Criminal Defense Attorney Brian Gabriel can craft a legal defense strategy on your behalf that provides a plausible explanation for the situation. His extensive background in DUI law has allowed him to cultivate a wealth of legal strategies that have helped clients deal with similar circumstances.
Schedule a Complimentary Palm Beach County DUI Defense Consultation Today To Learn More
A DUI hit-and-run case requires skill and experience interacting with this component of Florida’s legal system. Criminal Defense Attorney Brian Gabriel has spent more than 30 years helping those accused of a DUI hit and run to successfully defend against the charges. He will handle your case using all the knowledge and skills developed over the span of his career. Start with a free consultation today by calling (561) 622-5575. You can also complete an online contact form to learn more.