A hit and run is one of the most serious charges a driver can face in Texas, but is a hit and run a felony? Depending on the facts of the case, yes, it can absolutely rise to the level of a felony. Even a moment of panic after a crash — especially one involving injuries — can lead to consequences that spiral quickly if the situation isn’t handled properly.
If you are being accused of leaving the scene of an accident, or if the incident also involves allegations of intoxicated driving, you need a clear understanding of how Texas law treats these cases and what steps you can take now to protect yourself.
At Guzman Law Firm, we defend motorists facing high-stakes charges, and we know how overwhelming the process can feel. If you have been arrested or believe charges may be coming, contact our team at (956) 516-7198 to discuss your options before speaking with law enforcement.
What happens if you hit a car and leave in Texas?
Texas law is very clear about what drivers are required to do after an accident. Whether the crash involves another vehicle, a pedestrian, or property, motorists must stop, determine whether anyone needs medical assistance, exchange information, and report the accident to law enforcement when required. Leaving before completing these obligations can result in misdemeanor or felony charges, depending on the severity of the crash.
Your legal duties after an accident
Under the Texas Transportation Code, drivers involved in an accident resulting in injury, death, or vehicle damage must:
- Stop as close to the scene as safely possible.
- Return immediately if continued movement is necessary for safety reasons.
- Provide name, address, vehicle registration, and insurance information.
- Render aid, including assessing whether someone needs emergency medical help.
- If someone appears injured or unable to gather information, call 911.
- Report the accident if it resulted in injury, death, or significant property damage.
Failing to complete any one of these steps can expose the driver to charges. Even if no one is hurt, driving away prematurely can be enough to trigger an arrest.
Consequences of fleeing the scene
The charges depend heavily on the circumstances of the crash:
- Fleeing the scene of an accident involving only property damage is typically a misdemeanor.
- Fleeing the scene of an accident involving injury can be charged as a felony.
- Fleeing the scene of an accident involving serious bodily injury or death is almost always charged as a felony with severe prison-time exposure.
Texas courts take these cases seriously because leaving the scene can potentially delay medical care for those injured. Prosecutors often argue that fleeing shows “consciousness of guilt,” making an already difficult situation even more challenging for the accused.
If you were overwhelmed, scared, or believed it was unsafe to remain at the scene, a defense attorney can help contextualize your situation and push back against the state’s narrative.
What are the penalties for a hit and run in Texas?
Hit-and-run charges in Texas range from misdemeanors to first-degree felonies:
- Class B or C misdemeanor for leaving after a hit and run in Texas (no injury, minimal damage).
- Class A misdemeanor for leaving after an accident resulting in property damage exceeding certain thresholds.
- State jail felony for leaving an accident involving minor injuries.
- Third-degree felony for leaving after an accident involving serious bodily injury.
- Second-degree felony for leaving after an accident involving death.
Each level carries increasing fines, possible jail or prison time, probation, restitution orders, and driver’s license consequences. Judges and prosecutors are often less lenient when injuries are involved.
Aggravating factors that can increase penalties
Certain facts can push charges and penalties higher, including:
- Injuries to children, pedestrians, or cyclists
- Failing to render aid or call for medical assistance
- Multiple victims
- High-speed collisions or reckless driving
- Evidence of intoxication
- Prior DWI or hit-and-run convictions
- Significant property damage or multiple vehicles involved
One of the biggest aggravating factors, however, is intoxication, particularly if the state believes the driver fled specifically to avoid a DWI arrest.
From bad to worse: the DWI hit and run
A hit-and-run case alone creates legal challenges, but when combined with accusations of driving while intoxicated, the stakes climb dramatically. Prosecutors often link the two offenses, arguing that the defendant fled the scene because they were intoxicated and hoped to avoid testing. This creates a narrative that can be difficult to overcome without an experienced defense lawyer.
Continue reading: What Is Intoxication Manslaughter in Texas?
Why are these cases complicated?
A DWI hit and run can lead to:
- Stacked felony charges, meaning a defendant may face felony penalties for DWI and hit and run simultaneously.
- Enhanced sentencing, as courts often view the combination as a reckless disregard for human life.
- Additional evidence challenges, such as delayed blood test results and witness statements attempting to place the driver behind the wheel.
- Loss of driving privileges, which can happen quickly if the state alleges intoxication.
- Civil liability exposure, especially if someone was injured.
When a driver leaves the scene, the state may lack immediate blood-alcohol evidence, which can help the defense. Prosecutors may argue, however, that the absence of testing was intentional. A strong legal strategy is necessary to counter this assumption and highlight alternative explanations.
Why do you need an attorney immediately?
Because of these complexities, drivers facing allegations of a DWI-related hit and run should consult a lawyer right away. An attorney can:
- Protect you during questioning
- Challenge the state’s timeline and evidence
- Argue against assumptions about intoxication
- Investigate whether panic, confusion, or fear (not guilt) triggered your decision to leave
- Work to reduce or dismiss charges wherever possible
In many cases, how quickly you act after the incident makes a major difference in the outcome.
Potential hit and run defenses
Every case is unique, and a skilled defense lawyer will tailor strategies to the facts. Some of the most common defenses include:
1. Lack of knowledge
Texas law requires that the driver knew they were involved in an accident. If impact was minimal or visibility was poor, this may be a viable defense.
2. No duty to stop
If you were not actually the person driving, or the other party fled first, your attorney can challenge the state’s version of events.
3. Mistaken identity
Hit and run accusations often rely on shaky eyewitness descriptions or partial license plate information. These cases frequently involve mistaken identity.
4. Emergency circumstances
If you left the scene because you reasonably believed staying would put you in danger, this can influence the outcome.
5. Medical or mental crisis
Panic, shock, or medical distress during or after a crash can impact a driver’s judgment and ability to comply with legal duties.
6. Challenging the DWI component
If intoxication is alleged, your attorney may challenge:
- Field sobriety tests
- Breath or blood test accuracy
- The timeline between the accident and testing
- Witness credibility
- Any flaw in the prosecution’s case that can help reduce or dismiss charges
Stop running. Call Guzman Law Firm for a proper defense.
If you’re facing accusations of leaving the scene — especially if the case involves injuries, intoxication, or felony-level charges — you cannot afford to navigate the situation alone. Hit-and-run charges can impact your freedom, your record, and your future, but early legal intervention can change the course of your case.
Is a hit and run a felony? Not always, and with the right representation, you may never have to find out. Guzman Law Firm represents drivers who need immediate, aggressive criminal defense. Contact us today at (956) 516-7198 to schedule a consultation and get clarity on your next steps.
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