Hit and Runs Involved with DWI Charges

Leaving the Scene of an Accident

Particularly if serious injury or death is involved leaving the scene of an accident, also known as a "hit and run", is a very serious offense in Texas. A DWI that is coupled with a "hit and run" of this nature will be treated as a felony.

Under the transportation code of Texas Law, Section 550.021, the duties imposed upon a driver involved in such an accident require that the driver remain at the scene as well as render whatever aid can reasonably be given. A DWI offense involving an accident is only compounded in its complexity and penalties by leaving the scene.

Penalties for Leaving a DWI Accident

The penalties for a "hit and run" can be much worse if driver intoxication is a factor. For some this is a motivation for leaving the scene and has led to the authorities and courts to assume that some form of criminal motivation is present when a driver flees the scene. Under House Bill 1840 the maximum penalties allowed for an injury or death "hit and run" were increased to discourage the drivers from fleeing the scene. This demonstrates the seriousness with which such an offense is being prosecuted and any such case should be defended by a lawyer with the legal knowledge and courtroom experience required for an effective defense.

Most DWI offenses, even those involving an accident, are commonly treated as misdemeanors and so leave more room for compromise or sentence reduction. When the factor of fleeing the scene is also being charged then the DWI can rapidly come under a felony allegation and requires a much greater level of legal defense. The smallest of details can be important in protecting your rights and your life.