Leaving the scene of an accident without a DUI involved can result in a fine that ranges from $500 to as much as $10,000 (depending on injuries or fatalities). Jail sentencing for a standard hit and run may range from 60 days up to as much as 30 years for a fatal crash. If alcohol or drugs are involved in a hit and run, a DUI charge may be added on, which is accompanied by separate penalties. If convicted, punishment for a DUI conviction can include fines from $500 up to $5000 and 6 months or longer in jail. Further penalties can include suspension or revocation of your license, the loss of the use of your vehicle, mandatory attendance of a substance abuse program, installation of an ignition lock-out device on your vehicle, and mandatory community service. Often, if the driver remains at the scene, the judge may be more lenient, but hit and run with DUI may cause the judge to “throw the book” at you.

Many drivers who are convicted of a hit and run while driving under the influence did so because they thought they would be in more trouble if they stayed at the scene and were charged with a DUI. However, that is not necessarily the case. How can it be proven that someone was under the influence if the driver flees? The police must only prove that:

• The defendant drove a vehicle;
• When driving, the defendant was under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug];
• While driving under the influence, the defendant also (committed an illegal act/ [or] neglected to perform a legal duty);
• The defendant’s (illegal act/ [or] failure to perform a legal duty) caused bodily injury to another person. (If there is an injury).

If you are pulled over for a DUI, remember that you have the right to remain silent. Keep your hands on the wheel and try to remain polite and non-combative. Provide your driver’s license and insurance information, but remember, do not get out of your car unless asked. Here are four tips to remember during this Super Bowl weekend if you are stopped for a DUI Investigation:

1. Be polite. The fastest way to find yourself in the back of a police cruiser is being rude or disrespectful to the police. Even if you disagree with the officer’s decisions, make sure you don’t fail “the attitude test.”
2. Be quiet. There is no reason to volunteer information to law enforcement. You have a fundamental right to remain silent when questioned by the police. Use it.
3. Beware of field sobriety tests. The fact of the matter is – if you are being asked to walk a line or stand on one leg, the officer has likely made up his mind to arrest you. If you take the tests and perform poorly, this evidence will later be used against you. Aside from the complicated nature of the tests, the stress involved makes the tests that much more difficult to perform. Remember when Christina Aguilera screwed up the National Anthem during halftime of the Super Bowl? Stress effects performance.
4. Be aware that a high breath test result will hurt your defense. The police are quick to tell you that you will lose your license for a minimum of one year if you fail to provide a breath sample. What they will conveniently forget to tell you is that if you provide a breath sample that is high, it will often make it difficult to secure a reduction in charge. Likewise, the penalties associated with a DUI go up if you provide a breath sample that is above .15 grams of alcohol per 210 liters of air.

Remember – the best offense is a good defense! In the event that you are pulled over for a DUI and arrested, you’ll want to contact the top DWI attorneys in Clearwater as soon as possible. Depending on the circumstances, you may be facing criminal charges, fines, and jail time, so it is critical to contact legal counsel immediately.

For a free consultation with top DWI attorneys in Clearwater, please contact Russo, Pelletier & Sullivan today.