Allen Hit and Run DWI Lawyers

The Knowledge Element — Often Overlooked, Often Winnable

FSRA under § 550.021 requires that the driver knew (or was criminally negligent in failing to know) that an accident had occurred and that another person was potentially involved. Knowledge is frequently the weakest link in the state’s case and a central focus of the defense:

• Minor impacts at night or at low speed may not have produced noticeable vibration, sound, or visual feedback.
• A struck pedestrian or cyclist outside the driver’s line of sight may not have been visible at impact.
• Weather conditions, road noise, radio volume, and vehicle design can all affect whether a driver would have known an accident occurred.
• A driver who becomes aware of the accident only upon stopping elsewhere and examining the vehicle has a different knowledge profile than a driver who felt and heard the collision.

Where the state cannot prove knowledge beyond a reasonable doubt, the FSRA charge fails.

Texas Has No “Vehicular Manslaughter” Offense

The Texas offenses that cover causing death in a motor vehicle context are:

• Intoxication Manslaughter (§ 49.08) — second-degree felony. Causing death by reason of intoxication.
• Manslaughter (§ 19.04) — second-degree felony. Recklessly causing death.
• Criminally Negligent Homicide (§ 19.05) — state jail felony. Criminally negligent conduct causing death.
• Murder (§ 19.02) — first-degree felony. Intentional, knowing, or certain reckless causing of death (including felony murder).

Each has distinct elements. A fatal accident is not automatically any of these.

Driver’s License Consequences

FSRA convictions carry their own driver’s license consequences, on top of any DWI-related license suspensions:

• FSRA conviction involving injury or death — 6-month mandatory driver’s license suspension under Transportation Code § 521.345.
• DWI conviction — license suspension of 90 days to 2 years under § 521.344, depending on offense level.
• ALR suspension — administrative suspension under Chapters 524 or 724 for failed test or refusal.
• Occupational license is often available under Chapter 521, Subchapter L, with ignition interlock installation where required.

How Hit and Run DWI Cases Are Defended

Challenge the Knowledge Element

The defendant must have known, or under circumstances should have known, that an accident occurred. A driver who unknowingly struck a stationary object at low speed, who thought the impact was with a pothole or debris, or who did not realize that a pedestrian or cyclist was involved may lack the required knowledge. Knowledge is a fact question and is frequently contested with the help of accident reconstruction, vehicle inspection, and investigation of the lighting, weather, and road conditions at the scene.

Challenge the Identification

In many hit-and-run prosecutions, the state relies on eyewitness descriptions, license plate identifications, video, and circumstantial evidence to prove who was driving. Identification challenges (especially where the investigation was conducted hours or days after the incident) can be dispositive.

Challenge the DWI Element Separately

The DWI portion of the case has its own defense framework. Field sobriety test administration, blood and breath test validity, probable cause for the stop, Fourth and Fifth Amendment issues, and the reliability of the state’s forensic evidence are all contestable under the same framework as any DWI. 

Challenge the § 550.023 Duty Compliance

Where the allegation is failure to provide information, the defense examines whether information was in fact provided, whether the other party was available to receive it, and whether the driver took reasonable steps. Partial compliance, interrupted compliance, and good-faith attempts to comply are all fact-specific defense angles.

Forensic Review of the DWI Component

Breath and blood testing in FSRA-DWI cases is subject to the same forensic scrutiny as any DWI case (GC-FID column chemistry, calibration, chain of custody, measurement uncertainty, and method validation). 

Where Collin County Hit and Run DWI Cases Are Heard

Class A and Class B misdemeanor FSRA and DWI cases in Collin County are filed in the Collin County Courts at Law. Felony FSRA cases (§ 550.021 involving injury or death), Intoxication Assault cases (§ 49.07), and Intoxication Manslaughter cases (§ 49.08) are filed in the Collin County Criminal District Courts at the Collin County Courthouse, 2100 Bloomdale Road, McKinney. The Collin County Criminal District Attorney’s Office prosecutes all criminal cases in Collin County.

Frequently Asked Questions

What’s the difference between “hit and run” and FSRA?

“Hit and run” is a colloquial term. Texas calls the offense Failure to Stop and Render Aid (FSRA), codified at Transportation Code § 550.021 and related provisions. The elements are specific: the driver must have been involved in an accident, known (or been criminally negligent in not knowing) that an accident occurred, and failed to satisfy the statutory stopping and information duties.

Can I be convicted of FSRA if I didn’t know I hit anything?

No, knowledge is an element of FSRA. The state must prove that the defendant knew an accident had occurred. A driver who genuinely did not know (because the impact was minor, the conditions obscured the collision, or the struck person was outside the driver’s field of view) has a defense. Knowledge is fact-specific and frequently contested.

Are DWI and FSRA charged as one offense or two?

Two. DWI and FSRA are separate offenses under different codes, with different elements. A driver can be convicted of one without the other, and convictions on both produce separate sentences that can run concurrently or consecutively.

If someone died, am I facing a murder charge?

Not necessarily. Texas has specific offenses for causing death in a motor vehicle context: Intoxication Manslaughter (§ 49.08, second-degree felony) when intoxication caused the death; Manslaughter (§ 19.04, second-degree felony) for reckless conduct; Criminally Negligent Homicide (§ 19.05, state jail felony) for negligent conduct; and Murder (§ 19.02, first-degree felony) for intentional or knowing conduct. Which charge applies depends on the culpable mental state the state can prove.

Will I lose my license?

Possibly yes through both the DWI side (§ 521.344 conviction suspension and Chapters 524/724 ALR suspension) and the FSRA side (§ 521.345 mandatory 6-month suspension for injury or death FSRA). An occupational license is often available with proper petition and interlock installation where required.

About Deandra Grant Law

Deandra Grant Law is a Texas criminal defense firm with offices in Allen, Dallas, Fort Worth, Denton, Waco, and Rockwall.

Deandra M. Grant, Managing Partner

• More than 30 years in practice, focused on criminal defense and DWI
• Former prosecutor
• J.D.; M.S. in Pharmaceutical Sciences
• Graduate Certificate in Forensic Toxicology
• ACS-CHAL Forensic Lawyer-Scientist from the American Chemical Society
• Standardized Field Sobriety Test (SFST) Instructor
• Texas Super Lawyer since 2011
• Author of 17 law books including The Texas DWI Manual
• Executive Director, DUI Defense Lawyers Association (DUIDLA)

Douglas E. Huff, Partner

• ACS-CHAL Forensic Lawyer-Scientist
• Digital forensics and electronic evidence training
• Extensive North Texas trial experience

James Lee Bright, Of Counsel

• National federal criminal defense practice
• Admitted to all four Texas federal districts, the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States

Contact Our Allen Hit and Run DWI Attorneys

FSRA cases move fast. Surveillance video from nearby businesses is often available for only limited retention periods. Witness memories fade. Vehicle damage evidence deteriorates. The investigator’s first theory about what happened often becomes the charging theory unless the defense is prepared to present an alternative explanation early. For FSRA cases where DWI is also alleged, the stakes compound and the defense strategy must address both charges in parallel.

Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Allen, Plano, McKinney, Frisco, and all of Collin County from our Allen office.