Making Your DUI Arrest Even Worse

27 January 2021
 Categories: , Blog


Being arrested for driving under the influence (DUI) can be bad enough. DUI penalties can be extremely unforgiving, affecting defendants for years afterward. Things could get worse, though, if you are also accused of resisting arrest during the course of your law enforcement encounter. Read on to find out what this charge means to your DUI case.

What Is Resisting Arrest?

You may have seen dangerous car chases on TV where a suspect leads law enforcement down busy roads, running red lights and endangering innocent people. While those suspects are certain to face charges, nothing near that level of behavior is necessary to garner resisting arrest charges. Some DUI suspects are surprised when they find out that they are charged with not only DUI but also with resisting arrest. Unfortunately, some of those arrested have only the fuzziest of memories of what happened during the arrest. You can be charged with resisting arrest if you try to elude law enforcement, fight against apprehension, try to get out of handcuffs, etc. The below list of actions that can result in a charge of resisting arrest, however, proves that it's not necessary to take aggressive actions to be charged with resisting arrest:

  • Suspect refuses to answer questions about their identity.
  • Suspect fails to comply with instructions, such as where to stand, sit, etc.
  • Suspect is loud and profane and is creating a public nuisance.
  • Suspect keeps asking the same question over and over again or repeatedly argues with law enforcement.
  • Suspect lies to law enforcement for any reason.

Additional Charges and Problems

Most of those arrested for DUI hope to have their charges reduced using a plea bargain. In most cases, they also want to avoid jail time. Being incarcerated deprives them of time with their loved ones and may create issues with a job or school. State prosecutors and judges, though, look at the totality of the DUI case when making plea deals and deciding on punishments. The addition of resisting arrest can mean kissing a plea deal goodbye. If alternative sentencing is available that could prevent incarceration, those with resisting charges are not as likely to be chosen for those programs.

Even simple DUI cases need to be handled by a DUI attorney. Things are more complex if there are additional charges connected to the DUI case, however. Sometimes, state law will automatically enhance the punishment level if additional issues are present. Speak to a lawyer about your case without delay.