Understanding the Penalties and Defenses for Resisting Arrest During a DUI Stop in Arizona

Investigative Article

The Truth Behind Resisting Arrest During a DUI Stop: Penalties and Defenses

Arrests are often a frightening experience for anyone, but resisting arrest can only make things worse. When you add a DUI charge to the mix, the situation can become even more challenging. If you are facing charges for resisting arrest during a DUI stop, don't panic. The key is to understand the facts, penalties, and defenses.

Understanding the Law

Arizona considers resisting arrest a serious crime, defined under Arizona Revised Statutes (ARS) 13-2508. This statute outlines that a person commits resisting arrest by intentionally preventing or attempting to prevent a peace officer, acting under official authority, from effecting an arrest by either using or threatening to use physical force against the officer or another, or by using any other means creating a substantial risk of causing physical injury to the officer or another.

This means that if police officers notice any type of resistance from the person they are trying to arrest, they'll be charged with resisting arrest regardless of whether they are intoxicated or not. Some common examples of resisting arrest during a DUI stop include physically obstructing the officer, attempting to flee, or failing to comply with the officer's orders in a way that poses a risk to either the officer or the person in question.

The Penalties

The state of Arizona takes crimes involving resisting arrest very seriously and has imposed harsh penalties. The consequences for resisting arrest during a DUI stop range from a misdemeanor to a felony, depending on the severity of the crime and the number of previous offenses.

A first-time offender faces Class 6 felony charges, which could result in up to two years in prison. The offender may also face fines up to $150,000 and may have to pay restitution. For those who have committed similar offenses in the past, the penalties can be more severe, such as a Class 4 felony resulting in up to three years of imprisonment.

The Defenses

If you have been charged with resisting arrest during a DUI stop, you have the right to defend yourself. Depending on the circumstances of your case, several defenses can be used to fight the charge, including:

• Self-defense or defense of others: If you were protecting yourself or someone else from harm, you can use this as a defense.
• False accusations: Sometimes police officers make false arrests, and wrongful charges are filed against someone. In these cases, a skilled defense attorney can help you fight back.
• Illegal arrest: If an officer acts outside of their powers when effecting an arrest, the evidence obtained after the arrest can be thrown out.
• Entrapment: If an officer forces someone to resist arrest or engage in criminal activity, this is called entrapment, and it is illegal.

Conclusion

Resisting arrest during a DUI stop can have serious consequences, and the state of Arizona takes this charge very seriously. It is essential to understand your rights and the defenses available to you. Speak with an experienced criminal defense attorney who can assess your case and provide a sound legal strategy. By following the law and taking the right measures to provide a legal defense, you can minimize your legal risk and get back to living your life.

Learn more about resisting arrest during a DUI stop here: Resisting Arrest during DUI Stop in Arizona-Arja Shah Law