DUI Hit and Run: Penalties and More
Driving while impaired is not only illegal but is just a bad idea in general, this only can go downhill if you hit another vehicle. Since you’re already driving impaired you may have the urge to flee the scene if you are involved in a motor vehicle crash.
Maybe you think it’s not that bad a scratch on the other car here and there. So you think you can just drive off and forget about it. The problem is that the driver of the other vehicle or a traffic camera you’re not aware of captured your license plate and most likely you will be caught.
Not a good place to be in and a misdemeanor charge can easily become a felony.
Since a hit-and-run charge with DUI is a serious charge and can land you in prison for many years, you need to hire a lawyer as soon as possible.
If you, or someone you know, is involved in a DUI Hit-and-Run, don’t hesitate to contact an experienced DUI attorney as soon as possible. The Defenders is here to help you. We understand that no one should have to bear the burden of a DUI Hit-and-Run charge and are dedicated to providing our clients with experienced legal representation. Contact us today for more information on how we can assist you in your case. We’re here to fight for your rights.
What Is Considered a Hit and Run in Nevada?
NRS 484e.020 is Nevada’s Hit and Run Statute and says that hit and run is when a driver hits another vehicle and does not stop but drives off with rendering first aid, if needed, and not exchanging vehicle and contact information.
Once a car accident has happened in Las Vegas it is your responsibility to stop at the scene. If your vehicle is blocking traffic, you should move the vehicle to a safe area if the vehicle can be moved.
Nevada State Law Requires that you:
- Provide your contact information including your name, address, vehicle registration number, and a copy of your driver’s license to the other accident victims.
- Give the same information to the police that arrives at the scene and
- Render aid to all parties that are injured. This includes calling an ambulance or moving them a safe distance from the accident area.
If you hit a parked car or a fence and there are no other people present you must stop and try to find the property owner.
Failing to do so requires that you leave a conspicuous note with:
- Your name and contact information
- Vehicle information or the owner’s information if you do not own the vehicle you are driving
- Your address or the address of the owner of the vehicle that was in the accident
When Do I Have to Call the Police After an Accident
The police must be called about any accident that involves:
- Bodily Injury, or
- Property damage of $750 or more
Once the police arrive at an accident scene they will file a report and you do not have to file another report. If the police are not involved in an accident and none of the above have occurred, then you have 10 days from the accident to file a police report or a Nevada DMV SR-1 accident report.
If you are injured in the accident and end up in the hospital you do not have to file a report until you are able.
If you are unable to file the report but do not own the car, the owner is required to file the report within the 10-day time frame.
- Failing to file an accident report can result in a license suspension of up to one year and
- Submitting a false report is considered a gross misdemeanor, carrying up to 364 days in jail and/or up to a $2000 fine
What Happens if You Leave the Scene of an Accident
If there is only property damage from the accident scene you left, you may be guilty of a misdemeanor.
You will be sentenced up to six months in jail and a $1000 fine.
The DMV will also add 6 demerit points to your Nevada driver’s license.
If you accrue 12 or more demerit points in one year the DMV will separately impose a six-month license suspension.
If you leave the scene of the accident with bodily injury or death then you can be guilty of a class B felony with a sentence of:
- 2 to 20 years in prison
- $2000 to $5000 in fines
- Driver’s license revocation
You can be charged with hit-and-run charges for every person you injured or killed in a single accident. The court may not lessen your prison sentence or grant probation.
DUI Hit and Run
Leaving the scene of an accident can come with penalties depending on whether there was property damage or bodily injury and death.
If a DUI charge is also involved, the penalties could double. It’s possible to be accused of both a DUI charge and a Hit and Run charge.
Depending on the situation, additional charges like reckless driving, vehicular homicide, or causing bodily injury may also apply.
How Do I Fight the Charges
Depending on the specifics of the accident, a good defense team may use the following defenses to argue that:
- You were not involved in the accident involving DUI hit and run
- You were involved in the accident but fulfilled your duty to exchange information or render aid to the other party.
- You were involved in the accident but too injured to fulfill your obligations of the hit and run.
The evidence that is usually used in a hit-and-run accident includes:
- Traffic surveillance cameras, and more are being placed around Nevada daily
- Videos taken by witnesses on their phones
- GPS data from your car or the other person’s car
- Eyewitness statements
What Is the Statute of Limitations
In Nevada, prosecutors have:
- One year to bring misdemeanor hit and run charges if the accident doesn’t involve injury
- Three years to bring charges if the hit and run involves bodily injury or death and the charge is a felony
Can the Victim of a Hit and Run File a Lawsuit?
If you are the defendant and charged with DUI hit and run, the victim can file a personal injury lawsuit against you.
The victim can sue for negligence but must prove:
- The defendant violated the law by not stopping and rendering aid or exchanging information
- The defendant’s actions caused the victim’s injuries and damage
- The laws for hit and run exist to protect people from hit and run; and,
- The defendant violated those laws
If the victim of a DUI hit and run is successful in a personal injury lawsuit, they can recover damages and compensation for the following:
- Medical expenses
- Lost wages
- Loss of future earnings
- Pain and suffering
- Punitive damages
If the police can’t find the driver or car involved in the DUI hit and Run, then the victim can use the uninsured motorist coverage.
Uninsured motorist insurance will cover the damages up to the insurance policy limits.
The Defenders Can Help with a DUI Hit and Run
If you have been charged with DUI hit and run, it is vital that you retain an expert defense team with staff that has years of experience.
Facing any criminal charge can be a scary situation for anyone, especially a crime that could involve prison time.
The Defenders will use all available tools to help aggressively fight the charges against you.
We will advise you on what to expect from your case so you are not surprised.
We will investigate the case against you with all evidence available to determine the best course of action.
We do our best to either get the charges dismissed or reduced or a plea bargain that benefits our client.
We will help keep your criminal record clean.
We represent and have experts in all criminal charges DUI, domestic violence, assault, white-collar crimes, and even murder charges.
If you have been charged with a crime, call The Defenders today.