Getting pulled over by a police officer is a stressful situation, especially when the driver is committing a criminal offense like DWI with Resisting Arrest at the time. At times a driver may continue driving with the hope the police officer is attempting to pull over another driver or discontinue pursuit. However, this is a bad decision.
Failing to pull over or attempting to resist a police officer can result in serious criminal charges. Generally, an individual is charged with either:
- Resisting arrest; or
- Evading arrest
Depending on the facts of the case, an individual may be charged with additional criminal offenses related to resisting arrest or evading arrest charges, including DWI, possession of controlled substances, or unlawful possession of a firearm.
While the two offenses seem similar, there are distinct differences regarding elements and sentencing. It is imperative to consult experienced resisting and evading arrest attorneys when facing such charges.
DWI and Resisting Arrest Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
Due to the severe consequences of DWI with Resisting Arrest, knowing your options while approaching a situation in the most effective manner with the help of an experienced criminal defense lawyer will allow you to have a much better chance to effectively argue your case and avoid higher penalties or jail time.
The attorneys at Law Offices of Richard C. McConathy are experienced criminal defense attorneys and represent individuals in the north Texas area. With years of experience, they are able to help their clients in the most difficult positions and give them peace of mind.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to get your criminal charges reduced or dismissed.
Resisting Arrest and Evading Arrest
Under section 38.03 of the Texas Penal Code, an individual is considered to be resisting arrest when he intentionally prevents or obstructs a law enforcement officer from effecting an arrest, search, or transportation of another by using force against the officer or another.
Evading arrest is defined in Section 38.04 of the Texas Penal Code. An individual is considered to have committed the offense of evading arrest when he intentionally flees from law enforcement attempting to lawfully arrest or detain him.
The major difference between resisting arrest and evading arrest is evading arrest requires that the officer be attempting to lawfully arrest or detain. An individual may be convicted of resisting arrest even if the attempted arrest or detention is unlawful.
Charges for resisting arrest and evading arrest have serious penalties, even when not charged with any related crimes. The first offense of resisting arrest is a Class A misdemeanor, punishable up to one-year imprisonment and/or a fine of no more than $4,000.
The first offense evading arrest is a Class B misdemeanor, punishable by confinement in jail for a term not to exceed 180 days and/or fine not to exceed $2,000. However, both the penalties for resisting arrest and evading arrest may be enhanced based on the facts of the case.
Factors that can lead to enhancement of criminal penalties, including prior convictions for resisting arrest or evading arrest and/or serious bodily injury occurred as a result of resisting or evading arrest.
Driving While Intoxicated (DWI) with Resisting Arrest/Evading Arrest under Texas Law
A common scenario leading to resisting or evading arrest occurs when an individual flees from police because he or she is under the influence of alcohol or controlled substances. In this instance, an individual may be charged with both DWI and resisting arrest (or evading arrest).
As earlier stated, both resisting and evading arrest occurs when an individual intentionally prevents law enforcement from effecting an arrest. Intoxication or impairment due to drugs or alcohol does not eliminate the driver’s intent to flee from the police. As a result, the driver incurs multiple criminal charges.
Chapter 46 Section 6 of the Texas Penal code states a person can be charged with a Driving while intoxicated offense (DWI) if they are operating a motor vehicle in a public place while intoxicated. This means that an individual can be impaired can result in an arrest even if the individual’s blood alcohol level is under the legal limit of 0.08.
If an individual is charged with a DWI, it is best to remain calm and contact a DWI attorney. A person should not try to argue or fight with the police on their charge as this can lead to other charges. If a person is uncooperative with the police during their arrest or while they are being transported then they can be charged with resisting arrest as well.
Unfortunately, people are unaware that they can be charged with a DWI as well as resisting arrest. When you find yourself facing these charges it is best to contact a DWI attorney that is experienced in these types of situations. You can get a free consultation by contacting Law Offices of Richard C. McConathy by email or calling them at (972) 233-5700.
Find A Dallas County Defense Attorney for Evading Arrest Charges | Law Offices of Richard C. McConathy
Richard C. McConathy and his team have years of experience in dealing with similar DWI arrest cases. The attorneys at Law Offices of Richard C. McConathy are ready to start assisting you immediately and will do everything in their power to put you in a more favorable position.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.