Indiana laws are very strict when it comes to drunk driving. Thus, if you are pulled over and fail a breathalyzer or field sobriety test, you are faced with DUI charges. However, what many people do not know is that resisting arrest when stopped for DUI can lead to even more severe consequences.
So read on to find out why it is a bad idea to resist a DUI arrest in Indiana and how an Indianapolis DUI lawyer can help build the best defense for your case.
Resisting a DUI Arrest Is a Serious Offense
If you are pulled over for DUI in Indiana, it is important to remember that resisting arrest can result in serious consequences. Resisting arrest is a criminal offense under Indiana law and can lead to charges of battery on a police officer, which carries a maximum penalty of 2.5 years in prison.
Also, resisting DUI arrest not only increases your chances of facing more severe penalties but also puts you at risk of getting injured during an altercation with the police officer. Therefore, it’s crucial to remain calm and cooperate as much as possible during this difficult time.
What Is Resisting Arrest?
Resisting arrest is a serious offense that can lead to severe legal consequences. In Indiana, it is against the law to resist or interfere with an officer who is trying to make an arrest, regardless of whether you believe the arrest is justified or not.
You must remember that you are not defenseless. With the help of an experienced Indianapolis DUI lawyer, you can find holes in the state’s case against you and negotiate a less severe sentence. In some cases, your lawyer can get the charges dropped.
However, this is very unlikely to happen if you resist a DUI arrest. So, what exactly constitutes resisting arrest? It can take many forms and actions.
Using Physical Force Against the Police Officer
Using physical force against a police officer during a DUI arrest is never a good idea. It can escalate the situation and lead to more severe charges than just DUI. Additionally, it puts both you and the officer in danger.
Physical resistance can take many forms, from pushing or shoving an officer to striking them with fists or objects. Whatever form it takes, it will only worsen the situation and increase potential legal consequences.
It’s important to remember that resisting arrest is a crime in itself, regardless of whether you are guilty of DUI or not. If you use physical force against an arresting officer, you may be charged with assault on a law enforcement officer, which carries serious penalties such as jail time and fines.
Struggling and Preventing the Officer from Performing the Arrest
One of the worst things you can do when faced with a DUI arrest is to struggle and prevent the officer from performing their duties. This includes physically resisting, pushing, or striking the arresting officers, or attempting to flee from them.
When you resist arrest, not only are you breaking another law on top of your DUI charge but also putting yourself in danger. Police officers are trained professionals who know how to restrain individuals without causing significant harm; however, if you fight back against them, they may use force that could escalate into more severe charges.
Furthermore, struggling and preventing an officer from carrying out an arrest will undoubtedly make it harder for your Indianapolis DUI lawyer to defend your case in court. It shows a lack of cooperation and respect for authority that may lead a jury to view your situation negatively.
Fleeing From the Scene
Fleeing from the scene of a DUI arrest is one of the worst things you can do. It not only shows guilt but also indicates that you are willing to break the law and put others in danger. When an officer pulls you over for suspected DUI, it’s essential to remain calm, comply with their requests, and cooperate fully.
If you run away from the scene, officers will pursue you and take aggressive action against your vehicle or person if necessary. This behavior puts both yourself and other people on the road at risk.
Moreover, fleeing from a DUI arrest in Indiana can lead to additional charges such as resisting arrest or obstruction of justice. These charges carry serious legal consequences that could have long-lasting effects on your life.
While being arrested for DUI may be stressful and embarrassing, running away will only make matters worse. The best course of action is always to remain calm and cooperate with law enforcement officials.
Next, contact an experienced Indianapolis DUI lawyer as soon as possible after your release so they can begin building a strong defense strategy for your case.
You Will Face More Severe Charges Than DUI
Resisting DUI arrest in Indiana can lead to more severe charges than just a DUI. If you resist arrest, you could be charged with resisting law enforcement, which is a Class A misdemeanor in Indiana. This means that you could face up to one year in jail and fines of up to $5,000.
Furthermore, if physical force is used against the police officer during the resistance, it could result in even more serious charges such as battery on a law enforcement officer or aggravated battery. These charges are felonies and come with much harsher penalties including longer prison sentences and higher fines.
That’s why it’s crucially important if arrested for DUI – don’t resist! It’s always better to comply with law enforcement officers’ instructions and contact an experienced Indianapolis DUI lawyer who can help build the best defense possible for your case.
Your Indianapolis DUI Lawyer Will Build the Best Defense
If you are facing a DUI charge, stay calm and remember that resisting arrest will only make things worse. Not only will you face additional charges, but your actions could also hurt your chances of getting a favorable outcome in court.
That’s why it is essential to hire an experienced Indianapolis DUI lawyer who can build the best defense possible for your case. Your attorney will work tirelessly to protect your rights and ensure that any evidence against you was obtained legally.
Remember, everyone makes mistakes – even police officers. If you believe that law enforcement acted unfairly during your arrest, don’t hesitate to speak up and let your attorney know about it.
A skilled lawyer can use their knowledge of Indiana law and legal precedent to develop a strong defense strategy tailored specifically to your case. With their help, you may be able to avoid serious penalties like jail time or hefty fines.
Rathburn Law Office offers every new client a free case review. Thus, if you are facing DUI charges, you risk nothing if you contact us to schedule an appointment. You will get to explain your side of the story to an experienced attorney and find out what is the most likely outcome in your case!