News Article: Understanding Resisting Arrest Penalties and Defense during DUI Stop
During a DUI stop, if an individual chooses to resist arrest, it can potentially lead to severe legal consequences. This action entails directly resisting law enforcement officers and preventing them from acting under official authority. From the perspective of the State of Arizona, this act is considered a violation of Arizona Revised Statutes (ARS) 13-2508.
What is Resisting Arrest During a DUI Stop?
According to ARS 13-2508, an individual commits the act of resisting arrest by intentionally preventing, or attempting to prevent, a peace officer from effecting an arrest by physical force or using other means creating a substantial risk of injury to the officer or anyone else. During a DUI stop, an individual can be charged with resistance against law enforcement officers if they attempt to flee, physically obstruct the officer, or fail to comply with the officer's commands in a manner that poses a risk.
What are the Penalties for Resisting Arrest?
Resisting arrest is considered a Class 6 felony in Arizona. The consequences of conviction can include:
- Probation
- Community service
- Fines
- Jail time
Furthermore, individuals who resist arrest while carrying a firearm can face double the maximum penalties, facing a sentence of up to 2 years in jail and other severe implications. Such charges can also lead to an extensive criminal record and limited job opportunities.
Defenses Against Resisting Arrest Charges
Being accused of resisting arrest can be daunting as it carries potential severe consequences. However, several key defenses can be employed against such allegations, including:
- Self-defense
- Unlawful arrest
- Excessive force used by law enforcement officers
In such cases, it is essential to have legal representation to gather evidence and effectively present arguments to strengthen your case's defense.
How a DUI Attorney can Help?
Resisting arrest charges during a DUI stop can significantly complicate the legal process, making an already stressful situation even more overwhelming. As such, it's essential to seek the services of an experienced and knowledgeable DUI attorney.
By hiring legal representation, individuals can seek legal advice and guidance on the best course of action and prepare a solid defense strategy. The DUI attorney can also help in negotiating plea bargains and reducing penalties such as jail time, community service, and probation.
The Bottomline
Resisting arrest during a DUI stop is considered a severe offense that can potentially lead to charges and create a criminal record. If you are accused of resisting arrest, it's essential to seek guidance from an experienced DUI attorney. Doing so can help in gathering evidence, providing a credible defense, and negotiating the best possible outcome.
For more information on resisting arrest during a DUI stop and how it can affect your future, contact us at Arja Shah Law. Our team of experienced DUI attorneys can provide you with the support and guidance you need.
Resisting Arrest During a DUI Stop
Social Plugin