The Law Office of Richard Wagner, A Hit and Run DUI Attorney Orange County, has enjoyed years of success defending felony DUI defense clients in criminal cases and we are ready to help you.
Hit and Run Defense Attorney in Orange County
A hit and run charge combined with a DUI arrest can seriously impact your future. Prosecutors may pursue both criminal offenses—each carrying separate penalties that can affect your freedom, your driver’s license, and your criminal record. Attorney Richard Wagner, a former prosecutor with over 27 years of criminal defense experience, provides aggressive and knowledgeable legal representation for DUI and hit-and-run cases in Irvine and throughout Orange County. (714) 721-4423
What Is Hit and Run in California?
California law requires drivers involved in accidents to stop, provide information, and offer assistance where needed. There are two main types of hit-and-run charges:
Vehicle Code § 20002 – Hit and Run Involving Property Damage
- Misdemeanor offense
- Must stop and provide identifying information
- Failure to leave a note and contact police may lead to criminal charges
- Penalties: Up to 6 months in county jail and/or a fine up to $1,000
- Possible 6-month license suspension
Vehicle Code § 20001 – Hit and Run Involving Injury or Death
- Can be filed as a misdemeanor or felony (a “wobbler”)
- Requires stopping, identifying yourself, and offering help to the injured
- Felony penalties include:
- 1 to 4 years in state prison
- Fines between $1,000 and $10,000
- Potential license revocation
- Misdemeanor penalties include:
- 90 days to 1 year in county jail
- Fines ranging from $1,000 to $10,000
What Are Your Legal Responsibilities After an Accident?
Most first DUI offenses are charged as misdemeanors under California Vehicle Code Section 23152. However, in certain circumstances—such as if your DUI caused injury to another person, or you have a prior felony DUI conviction—your first DUI can be charged as a felony.
Under California law, drivers involved in accidents must:
- Immediately stop at the scene (or as close as possible without endangering traffic)
- Provide your name, address, and vehicle registration
- Show your driver’s license upon request
- Assist anyone injured by calling emergency responders or providing transportation to a hospital
- Notify law enforcement if the other party cannot be reached or in cases involving injuries or death
Failure to meet any of these responsibilities can result in hit-and-run charges—even if the initial accident was not your fault.
When Hit and Run Is Combined With DUI
If you’re charged with both DUI and hit and run, you face enhanced penalties:
- Jail or prison time
- Additional license penalties from the DMV
- Restitution to victims
- Probation with restrictive conditions
- A permanent criminal record that can affect employment, housing, and immigration status
Prosecutors may argue that fleeing the scene indicates consciousness of guilt related to intoxication. Attorney Wagner knows how to counter these claims with facts and context.
Common Defenses to Hit and Run Charges
- Lack of knowledge: You were unaware an accident occurred
- Fear for safety: You left due to threats, road rage, or hostile bystanders
- Inability to report: You attempted to stop but were unable to do so safely
- Mistaken identity: You were not the driver or vehicle involved
- No legal duty: The property damage or injury did not require a report under the law
Attorney Wagner reviews surveillance footage, 911 records, and witness statements to strengthen your defense.
Understanding the DUI-Hit and Run Scenario
These types of cases are complex because they combine two different legal theories—intoxicated driving and criminal flight. Prosecutors often assume fleeing the scene was an attempt to avoid DUI detection. But there may be alternative, lawful explanations.
Richard Wagner works to separate the charges and challenge the basis for each. For example, if the DUI arrest occurred after the accident and without direct observation of driving, the DUI charge may be vulnerable. Likewise, he may argue that your departure from the scene was not intentional or unlawful.
Consequences of Conviction: What’s at Stake?
A conviction for either DUI or hit and run carries serious consequences. When combined, the penalties increase dramatically:
- License suspension or revocation
- Mandatory DUI education programs
- Substantial fines and court fees
- Jail or state prison sentence
- Increased insurance premiums
- Community service or restitution
- Installation of an ignition interlock device (IID)
Conviction for hit and run with injury or death may also result in a felony strike under California’s Three Strikes Law.
Early Legal Action Can Make a Difference
Reporting the accident voluntarily and retaining a lawyer before charges are filed can prevent formal prosecution or reduce charges to a lesser offense. Attorney Wagner has successfully negotiated:
- Dismissals of hit and run cases
- Civil compromise resolutions
- Reduction of felony charges to misdemeanors
- Diversion programs for eligible first-time offenders
Why Hire Richard Wagner?
- Over 27 Years of Experience in criminal and DUI law
- Former prosecutor with insider knowledge of how cases are built
- Recognized by Super Lawyers, National Trial Lawyers Top 100, and NADC
- 10.0 AVVO rating with dozens of 5-star reviews
- Local expertise in Orange County courts
- Offices located in Irvine for convenient access
Call: (714) 721-4423 now for a free consultation. If you’re facing DUI and hit-and-run charges in Orange County, don’t wait—get help from an experienced defense attorney who knows how to fight back and protect your future.
Other DUI Related Resources:
Richard Wagner Will Fight For You
Priority #1: Zealous Advocacy – Protection Of Your Constitutional Rights
The Law Office of Richard Wagner, A Professional Corporation, has enjoyed years of success defending clients in criminal cases, including: Battery on Police Officer, Battery Against A Spouse, Bench Warrants, Burglary, Disturbing the Peace, Disorderly Conduct, Domestic Violence, Driving on a Suspended License, DUI, Expungements, Forgery, Grand Theft, Hit and Run, Indecent Misdemeanors, Vehicular Manslaughter While Intoxicated Without Gross Negligence, Violation of Protective Order. Richard Wagner is the best drunk driving defense attorney in the Orange County.
Including your Constitutional Right: