DUI vs Hit and Run in Georgia: Two Different Charges, One Injury Claim

If a drunk driver crashes into you, then leaves the scene, Georgia treats DUI and hit and run as separate criminal charges. Prosecutors can file both. Your path to compensation runs on a different track through a civil personal injury claim against the at-fault driver and any available insurance. Our firm educates the public about these criminal issues, but we represent injured people on the civil side only. If you or a loved one suffered injuries in Augusta or nearby communities, you can pursue medical bills, lost income, pain and suffering, and more through a personal injury claim.

They made everything easy for me! Even when I lost faith in the car accident where a drunk driver hit me, they helped me through every process. They were quick as they could be and made everything easier for me while being in the process of my move to Japan for the Navy, full time student, and planning my own wedding. I appreciated the help. Thank you!”

- Julissa Evans

I had the pleasure of allowing Mr. Leland Malchow to represent my case and I would recommend 10star rating if possible. Not only was Mr. Leland very professional and knowledgeable, he also took the time to listen to my frustrations about my situation. He offered a listening ear, as well as some kind motivational advice. Our relationship has been through business only but I would extend a hand to him and the law firm from here on out. Thank you all and God Bless."

- Chris Rowland

Chris Johnson is an exceptional attorney for car wreck cases. His expertise, clear communication, thorough preparation, and effective negotiation skills led to a favorable outcome. With compassion and support, he guided me through the process, making him highly recommended for anyone in need of a skilled legal advocate."

- Jayko Robinett

What Georgia law says about DUI and hit and run

DUI focuses on the driver’s impairment or illegal blood alcohol level. Hit and run focuses on what a driver did after a crash. Failing to stop, give information, and render aid can lead to a hit and run charge. A single crash can trigger both charges when an impaired driver flees the scene. Criminal penalties are decided in the criminal courts. Your injury compensation is decided through a civil insurance claim or lawsuit.

Key points to keep in mind

• DUI looks at impairment or illegal BAC.
• Hit and run looks at the duty to stop, share information, and help the injured.
• A driver can be charged with both for the same crash.
• Criminal prosecution does not pay your bills by itself. Your recovery comes from a civil injury claim.

How a criminal case and a civil claim interact

A DUI arrest or hit and run charge can strengthen your civil case, but it does not replace it. The standards are different. Criminal cases require proof beyond a reasonable doubt. Civil cases require proof by a preponderance of the evidence. Evidence gathered by police can help your claim, including the crash report, field sobriety observations, breath or blood test results, witness statements, dash or body camera footage, and the driver’s admissions. If the driver is convicted of DUI or hit and run, insurers often take liability more seriously, which can make negotiations smoother. If there is no conviction, you can still win a civil case with strong evidence because the burden of proof is lower.

Civil liability and negligence after a DUI or hit and run crash

Most injury cases turn on negligence. Impaired driving and fleeing the scene are powerful evidence of reckless conduct. In some cases, Georgia law allows punitive damages to punish and deter extreme misconduct like driving under the influence. That can raise the value of a case when supported by the facts. Your medical treatment, lost time from work, and how the injuries changed your daily life still drive the compensatory damages calculation.

Leland Malchow

Attorney - Partner

Chris Johnson

Attorney - Partner

Dane Anderson

Associate Attorney

Bailey Marshall

Associate Attorney

What to do after a DUI or hit and run crash in Augusta

1. Call 911 and ask for police and EMS. Tell dispatch about any injuries and any details you remember about the other vehicle or driver.

2. Get medical care right away. Follow your doctor’s orders and keep all discharge paperwork.

3. Preserve evidence. Photograph the scene, vehicle damage, skid marks, debris, street signs, and your injuries. Save dash cam or home security footage if available.

4. Gather witness info. Names, phone numbers, and brief statements can be crucial.

5. Notify your insurer, then be careful. Provide basic facts. Do not give recorded statements or sign releases without advice.

6. Check your uninsured motorist coverage. UM can help when the driver flees or has no insurance.

7. Call a personal injury lawyer. A lawyer can coordinate with investigators, preserve evidence, and pursue all available insurance.

Callout

You can pursue a civil injury claim even if the at-fault driver faces or avoids criminal charges.

Insurance paths that may apply

• At-fault driver’s liability insurance
• Your own uninsured or underinsured motorist coverage
• Medical payments coverage if included in your policy
• Third parties in rare cases, such as a negligent owner who entrusted a vehicle to an impaired driver

Evidence your lawyer will move fast to secure

• Police report and 911 audio
• Body camera and dashboard camera video
• Nearby business or residential camera footage
• Vehicle event data recorders
• Blood alcohol test results and chain of custody records
• Cell phone records when distracted driving is suspected
• Hit and run investigation notes from law enforcement

Deadlines that matter in Georgia

Personal injury claims usually must be filed within two years from the date of injury. Property damage claims usually have a longer deadline of four years. There are limited exceptions that might pause or extend a deadline, such as when the at-fault party cannot be found or when a victim is a minor, which is why starting early is important. Waiting too long can forfeit your rights.

When you need a criminal defense lawyer, and when you need us

If you are the person charged with DUI or hit and run, you need a criminal defense lawyer. Our firm does not defend criminal charges. If you were injured by a drunk driver or a driver who fled, we are your civil injury team. We work alongside criminal counsel when it helps your case. Our job is to prove liability, document damages, and recover the compensation the law allows.

Common questions from injury victims

Can a driver be charged with both DUI and hit and run after one crash?
Yes. DUI and hit and run involve different conduct. A prosecutor can bring both if the facts support it.

If the driver is convicted, do I automatically win my case?
No. A conviction helps, but you still must prove your civil claim. Strong evidence and careful case building matter.

What if the driver was never found?
You can still pursue benefits through your uninsured motorist coverage if you have it. Prompt notice and evidence preservation are critical.

Should I speak to the other driver’s insurer?
Not without legal advice. Adjusters are trained to minimize claims. Your lawyer can handle communications and protect your rights.

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Practical local steps for Augusta and nearby areas

• Request a copy of your crash report and any supplemental reports.
• Save appointment reminders and medical bills from local hospitals and clinics.
• Keep a simple recovery journal that tracks pain levels, sleep, missed work, and activities you can no longer do.
• If the crash happened in a busy corridor or near businesses with cameras, alert your lawyer quickly so video does not get overwritten.

Smart internal resources to learn more

• For a step-by-step checklist, see Five Things To Do If You’re the Victim of a Hit-and-Run
• For pedestrian-specific issues, see Hit-and-Run Pedestrian Accident
• For a local look at trends and safety, see Hit-and-Run Accidents Involving Cars and Bicycles in Augusta, GA: A Call for Safer Streets

Service areas

We help injured people in Augusta, Georgia as well as North Augusta, Aiken, and Beaufort in South Carolina, and nearby areas.

Talk with a personal injury lawyer who knows how to build DUI and hit and run injury claims. Call or send us a message to schedule a consultation.

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