Can You Be Charged for a Hit and Run DWI If You Were Unaware of the Collision?

In Texas, facing charges for a hit and run DWI can be a serious matter. Many people wonder if they can be charged for a hit and run when they were unaware of the collision. This situation raises important legal questions, especially when driving while intoxicated is involved. Texas law is strict when it comes to these matters, and it is essential to understand how the law works. If you ever find yourself in such a situation, learning what the law says and how it applies to you is vital. Hit and run cases involve someone leaving the scene of an accident without stopping to provide information or assistance. When combined with a DWI, which stands for driving while intoxicated, the charges can become even more serious. However, what happens if the driver claims they did not know a collision occurred? This is a complex issue because the law considers different factors, including the actions and state of mind of the driver. Understanding these factors can help you grasp the potential outcomes in such cases. At, Deandra Grant Law – Criminal & DWI Defense , we are here to guide you through the legal process and help you navigate the complexities of your case.

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The Basics of Hit and Run Laws in Texas

Under Texas law, drivers involved in an accident must stop and exchange information with the other party or call for help if someone is injured. This requirement applies to all drivers, regardless of who caused the accident. Failing to follow this rule can result in hit and run charges. The penalties for hit and run offenses can vary based on the severity of the accident. If the accident only involves property damage, the penalties are generally less severe than if injuries or fatalities are involved. When a driver leaves the scene of an accident, prosecutors often argue that the driver was attempting to avoid responsibility. However, the law also takes into account whether the driver reasonably knew that a collision occurred. If a driver genuinely did not realize an accident took place, this can become a critical part of their defense. In cases involving a DWI, the situation becomes more challenging because intoxication can impair a person’s ability to perceive events around them.

Deandra M. Grant

Managing Partner

Douglas E. Huff

Partner & Criminal Division Chief

Kevin Sheneberger

Criminal Trial Division

Omar Sherif

Criminal Trial Division

Jada Fairley

Associate Attorney

James Lee Bright

Of Counsel

How DWI Laws Apply in Hit and Run Cases

A DWI charge occurs when someone operates a motor vehicle while under the influence of alcohol or drugs. Texas law has strict limits on blood alcohol concentration levels. If a driver is found to have a blood alcohol concentration of 0.08% or higher, they can face DWI charges. When a DWI is combined with a hit and run, the legal consequences can escalate significantly. Prosecutors may argue that the driver’s intoxication impaired their judgment, leading them to leave the scene of an accident. In cases where a driver claims they were unaware of the collision, the court will often consider whether intoxication played a role in their lack of awareness. For example, if a driver’s level of impairment prevented them from realizing they hit another vehicle, this could be used to argue against their claim of ignorance. However, intoxication alone does not automatically mean the driver knew about the collision. Courts must examine all evidence to determine what the driver reasonably understood at the time.

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Proving Knowledge of the Collision

One of the key questions in hit and run cases is whether the driver knew or should have known that a collision occurred. Proving this can be challenging for both the prosecution and the defense. Courts often look at evidence such as the severity of the impact, the condition of the vehicle, and witness statements. If the collision was minor, such as a scrape or bump, it may be more believable that the driver did not realize what happened. On the other hand, a more significant impact is harder to explain away as unnoticed. The prosecution must show that the driver had reason to be aware of the collision. This is particularly important in cases where the driver was under the influence of alcohol or drugs. The defense may argue that the driver’s impaired state prevented them from understanding the situation, but this argument can also work against them. Courts may see intoxication as a reason to hold the driver accountable, even if their awareness was impaired.

Defending Against Hit and Run DWI Charges

If you are charged with a hit and run DWI and claim you were unaware of the collision, your defense will need to focus on presenting evidence to support your claim. This may involve showing that the impact was minor or that there were no clear signs of a collision, such as damage to your vehicle. Witness testimony can also play a critical role. For example, if someone else observed the accident and can confirm that the driver did not appear to notice the impact, this could strengthen the defense. Legal representation is essential in these cases because the stakes are high. A conviction for a hit and run DWI can lead to severe penalties, including fines, jail time, and license suspension. In some cases, the defense may be able to negotiate for reduced charges or alternative penalties, but this requires a strong understanding of Texas law and the specific circumstances of the case. Working with an attorney who knows the law can make a significant difference in building an effective defense.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

View More Results

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

View More Results

The Role of Intent and State of Mind

In hit and run cases, the driver’s intent and state of mind are often critical factors. The prosecution must show that the driver knowingly left the scene of an accident. If the driver can provide a reasonable explanation for why they did not stop, such as being unaware of the collision, this can weaken the prosecution’s case. However, courts also consider whether the driver’s actions were reasonable under the circumstances. For instance, if a driver continued driving after a significant collision, it may be harder to argue that they were unaware of what happened. In cases involving a DWI, the driver’s level of impairment is closely scrutinized. The court may question whether the driver’s intoxication caused them to miss the signs of a collision or to make a poor decision about leaving the scene. While this does not automatically prove guilt, it adds another layer of complexity to the case. An effective defense must address these issues and provide evidence to support the driver’s version of events.

The Importance of Legal Guidance

Facing charges for a hit and run DWI can be overwhelming, especially when you believe you were unaware of the collision. These cases require careful examination of the evidence and a clear understanding of how the law applies. It is not enough to simply claim ignorance of the collision; the defense must provide a compelling explanation that aligns with the facts of the case. This often involves working with legal professionals who can analyze the evidence, challenge the prosecution’s arguments, and present a strong defense. Navigating the legal system can be challenging, especially for someone unfamiliar with the process. Having a knowledgeable attorney by your side can help you understand your rights, explore your options, and build a strategy for your defense. This is especially important in hit and run DWI cases, where the penalties can be severe and the legal issues are complex. The sooner you seek legal assistance, the better your chances of achieving a favorable outcome. If you are facing charges for a hit and run DWI and were unaware of the collision, you do not have to face this situation alone. Deandra Grant Law – Criminal & DWI Defense is here to provide the support and guidance you need. Our team understands the complexities of Texas law and is dedicated to helping clients protect their rights and navigate the legal process. Whether you need help building a defense or understanding your legal options, we are here to assist you every step of the way. Contact Deandra Grant Law – Criminal & DWI Defense today to learn how we can help you move forward with confidence.