Getting Sound Advice

What Resisting Arrest Means To A DUI Charge

5 August 2019

Hailey Ruiz

Getting pulled over and then arrested for driving under the influence (DUI) are serious matters. Things could go from bad to worse, though, if the circumstances of the arrest involved certain aggravating factors. Some of the below can lead to enhanced penalties and a compounding of counts and charges. Read on to find out more about what an aggravated DUI charge due to resisting arrest means.

The Surprise Charge: Resisting Arrest

This type of charge is often unexpected because people get the wrong idea about what it means. You don't necessarily have to flee from the police or fight with them to be charged with resisting. Almost any sign that you are not cooperative with law enforcement can lead to a resisting charge. Take a look at some seemingly innocent behavior by suspects at roadside stops that can be seen as obstructive and illegal to law enforcement personnel:

1. The use of profanity and threats against law enforcement personnel.
2. Not providing a (correct) full name and date of birth to law enforcement if asked.
3. Not complying with requests to exit the vehicle, stand a certain way, stand or sit in a certain location, etc.
4. Arguing about any aspect of the stop or arrest. This is not the time for debates on points of law – leave that your criminal defense attorney.
5. Lying to law enforcement about your identification, the presence of alcohol or weapons.
6. Being combative in attitude or stance.
7. Removing or attempting to remove handcuffs or to escape from custody.

Other Resisting Situations

Some states differentiate between resisting arrest with or without violence. Resisting arrest with violence can bring a host of related assault charges that can be difficult to explain away. Resisting without violence charges can be the result of any number of misunderstandings, language barriers, being intoxicated, mental disorders, and more, however. While there is never a good reason for fighting with officers at a roadside stop, some resisting arrest charges can be reduced or dropped if you and your defense attorney can demonstrate good reasons for your behavior. Unfortunately, ignorance of the law is not going to be one of those reasons. You might, however, show that you were nervous and confused about the instructions from law enforcement and thereby failed to obey them.

No matter what the circumstances of your DUI arrest, help will be vital to your case. Being convicted of DUI, particularly an aggravated DUI, can impact your freedom, your financial status, your employment, and your personal relationships. Speak to criminal defense attorneys like those at Adams & Associates PLC about your case as soon as possible.

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