Houston Hit and Run DUI Lawyer

Houston Hit and Run DUI Attorney

A conviction for DUI or hit-and-run in Texas can have long-lasting consequences on a young person’s life and their ability to drive to school and work. When combined, the penalties can be severe. An experienced Houston hit-and-run DUI lawyer at the Law Office of Joseph Ruiz, PLLC, can help mitigate the consequences of one bad decision through effective criminal defense.

Texas DUI/DWI Laws

DUI and DWI are both charges for operating a vehicle while under the influence of alcohol or drugs. In Texas, DWI is for any driver whose blood alcohol concentration (BAC) is over the legal limit of 0.08%, and DUI is a distinct, separate charge for drivers who are under the legal drinking age of 21, who are not allowed to have any alcohol in their systems.

DUI, driving under the influence of an impairing substance, is a class C misdemeanor, and first-time offenders may be eligible for a reduction or deferral of charges if they attend an alcohol education class and perform community service work. In more severe cases or subsequent offenses, penalties may include a suspended driver’s license and up to a $500 fine. If the driver is over 16, multiple offenses can mean significantly higher fines and even jail time.

A first time DWI, driving while impaired, is a class B misdemeanor and carries a minimum jail sentence of three days and probation, as well as a fine of up to $2000 and suspension of the driver’s license. In some cases, jail time can be substituted for community service. Subsequent convictions will be class A misdemeanor or felony charges and carry substantially higher fines, prison sentences, and driving privilege suspensions.

Hit-and-Run Charges

When there is a traffic accident in Texas or other U.S. states, drivers involved in the accident have certain obligations: they are obligated to stop, check the other people involved for injuries, and provide a reasonable amount of assistance, such as calling emergency services. In addition, anyone involved in a crash is required to stay at the scene until law enforcement arrives and takes a report.

In some cases, when an impaired driver causes a crash, they may leave the scene of the accident in an attempt to escape punishment or simply because their impaired state compromises their judgment and cognitive function. When that happens, the driver may be charged with failure to stop and render aid or leaving the scene of an accident, depending on the situation. Either of these charges is considered a hit-and-run and has its own consequences.

Leaving the scene of an accident is generally the charge when there were no injuries as a result of the collision. If the damage is under $200, the offense is a Class C misdemeanor and can mean a $500 fine. If there is more than $200 in damage, it is a Class B misdemeanor, which may lead to up to 180 days in jail and up to a $2,000 fine.

Failure to stop and render aid is a more serious offense that applies when there are injuries or death as a result of the accident. If any injury is caused by the accident, the charge can be a felony of the third degree and carry a sentence of up to 5 years in prison and a $5,000 fine. If the injury is more serious, it is a felony of the second degree, with up to 10 years in prison and a $10,000 fine.

If the accident resulted in death or the driver who left the scene has a high level of intoxication, the charge can be a felony of the second degree, and penalties can be up to 20 years in prison and a fine of up to $10,000.

Houston Hit-and-Run DUI Statistics

Houston’s large population and massive metropolitan area mean a lot of accidents, especially in high-traffic areas like I-10, I-45, and 290, as well as areas like the West Loop and Southwest Freeway that have a lot of congestion. Accidents involving pedestrians and bicyclists are all too common downtown. The most recent crash data reports include:

• 26,880 hit-and-run cases
• 2,098 crashes caused by alcohol
• 88 fatalities

FAQs About Houston, TX Hit and Run DUI Laws

What Is the Ideal Defense for a Hit-and-Run?

There is no one ideal defense for all hit-and-run cases, as the defense has to be tailored to the facts of each specific case. However, some common strategies can have a positive impact on the outcome of a hit-and-run case. These include arguing that you were not the driver, that you didn’t realize you hit anything, that you left to seek help or were in danger, or other mitigating factors.

How Do You Beat a Hit-and-Run Charge in Houston?

You beat a hit-and-run charge in Houston by either negotiating with the prosecutor to have charges reduced or deferred or by receiving a not-guilty verdict in a trial. Typically, a qualified criminal defense attorney will challenge the evidence or highlight errors made by law enforcement officers. The most reliable way to build a strong defense strategy is by working with a trusted attorney who is experienced with hit-and-run cases.

How Does a DUI Hit-and-Run Affect Your License in Texas?

A DUI hit-and-run can have a significant impact on your license in Texas. A first time DUI conviction can mean a suspension of your driving privileges, which is extended if you refused a test. A hit-and-run does not have an automatic suspension, but it can mean a hearing with the Department of Public Safety (DPS), where your license may be suspended for additional time.

Can an Underage Driver Get a Hit-and-Run DUI in Texas?

Yes, an underage driver can get a hit-and-run DUI in Texas. Underage for DUI means under the legal drinking age of 21, and there is a zero-tolerance policy for alcohol and drug use. If the driver is 16 or younger, the case is handled by the juvenile court, which can tend toward more leniency. If the driver is 17-20 years of age, the case is handled by the adult court.

Facing a Hit-and-Run DUI Charge in Houston? Reach Out to a Dedicated Hit-and-Run Lawyer

At the Law Office of Joseph Ruiz, PLLC, we know that Houston’s tough DUI and hit-and-run laws need fierce legal defense. Contact our office today to learn about your legal options.