In California, a DUI is often accompanied by a Hit and Run charge (when applicable). Unfortunately, the person who is arrested for DUI is usually deemed to be the party at fault, and it will be up to your lawyer to prove otherwise. Moreover, prosecutors see the Hit and Run as an aggravating factor to the DUI. If injury is involved, prosecutors are more likely to file a felony DUI charge even if it is your first offense. Either way, prosecutors will demand restitution from you or your insurance company.