What Are the Penalties for a Hit and Run DUI in Texas?

If you or a family member is facing allegations of hit-and-run DUI in Texas, knowing about the laws and penalties can help you be prepared and take appropriate action to mitigate the consequences. So, how do the laws apply to your situation, and what are the penalties for a hit and run DUI in Texas? The most reliable way to know about your specific case is to consult with a Texas criminal defense lawyer, but read on to learn more about potential penalties.

Texas Hit-and-Run DUI Facts

Texas has the 10th highest rate of fatal hit-and-run accidents in the U.S. Houston alone had 26,880 hit-and-run cases in 2023. The most recent data shows Texas has the third highest rate of drunk drivers involved in fatal accidents in that same year.

Hit-and-Run in Texas

When a driver in Texas is involved in a traffic accident, there is a legal obligation to stop, see if anyone is injured, and provide assistance, such as calling 911 for an ambulance. Anyone involved in an accident is also required to stay at the scene until after a law enforcement officer takes a report. Failure to do this can result in hit-and-run charges, the common term for official charges like leaving the accident scene and failure to stop and render aid.

Leaving the scene of an accident is the official charge when the accident did not cause any injuries and only property was damaged. If the property damage is less than $200 worth, the driver can be charged with a Class C misdemeanor, which carries a $500 fine. If the property damage is more than $200, the driver can be charged with a Class B misdemeanor, which carries a fine of up to $2,000 and up to 180 days in jail.

Failure to stop and render aid is the charge when the accident results in injuries or death. Minor injuries can lead to a charge of a felony in the third degree, punishable by up to 5 years in prison and a $5,000 fine. Serious injuries mean a felony in the second degree, up to 10 years in prison, and a $10,000 fine. A death in the accident can result in a second-degree felony charge, with penalties of up to 20 years in prison and a $10,000 fine.

DUI and DWI Charges in Texas

DUI and DWI are both related to driving under the influence of an impairing substance like alcohol or drugs. But in Texas, they are distinct charges.

DWI, driving while impaired, is the charge for operating a vehicle with a blood alcohol concentration (BAC) over the legal limit of 0.08%. A first-time offense is a class B misdemeanor, with a minimum jail sentence of 3 days, probation, a fine up to $2,000, and suspension of driving privileges. Second convictions are class A misdemeanors, and third or subsequent convictions are felonies, which carry harsher penalties.

DUI, driving under the influence of an impairing substance, is a Class C misdemeanor for drivers under 21, who are not allowed to have any alcohol or drugs in their systems. Penalties include a suspended driver’s license and a fine of up to $500. First-time offenders are sometimes eligible for having charges reduced or deferred in lieu of community service or court-ordered alcohol education classes.

FAQs

How Likely Is Jail Time for the First DUI in Texas?

In general, jail is not very likely for the first DUI in Texas unless there are circumstances that lead to additional charges, such as causing an accident with serious injury or death. However, remember that DWI is a separate charge in Texas, and DWI does carry a minimum jail sentence for the first offense. Jail time and fines are both more severe for subsequent offenses.

Can I Get Probation Instead of Jail for a Hit-and-Run DUI in Texas?

In some cases, yes, you may receive a penalty of just probation as part of a plea deal or due to mitigating factors such as having no prior history of similar charges, being cooperative, and entering an alcohol awareness program. A DUI conviction generally does not lead to jail time on its own, and neither does leaving the scene of an accident if the damage is minimal. DWI and failure to stop and render aid, however, can lead to incarceration, depending on the severity.

How Long Does a Hit-and-Run Stay on Your Record in Texas?

A hit-and-run stays on your record permanently in Texas because it is a criminal offense. If charges were dismissed or never filed, or you were found not guilty, you may be able to have the arrest expunged, meaning it will no longer show up on your record. In many cases, juvenile records, those when the driver was under 17, may be easier to expunge. Short of expungement, however, criminal records are permanent in Texas.

What Are Other Consequences of Leaving the Scene of an Accident in Texas?

Beyond the legal penalties like fines and jail time, there are several other likely consequences for leaving the scene of an accident in Texas. Car insurance rates can rise significantly, and some companies may even drop the driver’s policy. The driver may be open to civil liability claims for medical bills and pain and suffering, and a criminal record can have a negative impact on schools, jobs, and personal relationships.

Get Legal Help Now From a Skilled and Seasoned Hit-and-Run DUI Attorney

If you have been charged with a hit-and-run DUI in Texas, it is imperative that you secure talented legal representation that has a successful track record of obtaining positive results with these types of cases. With so much at stake, you deserve support from someone who will take your charges as seriously as law enforcement will.

At the Law Office of Joseph Ruiz, PLLC, our skilled legal team is well-versed in the laws and penalties relating to hit-and-run and DUI in Texas. Reach out to our office right away to learn more about the likely penalties in your case and how an experienced criminal defense attorney can help you fight the allegations.