Getting pulled over by a police officer is a stressful situation, especially when the driver is committing a criminal offense like DWI 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 the 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 an experienced resisting and evading arrest attorney when facing such charges.
Dallas Resisting Arrest and Evading Arrest Attorney
Due to the severe consequences of resisting arrest, knowing your options while approaching a situation in the most effective manner with the help of an experience 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 The Law Offices of Richard C. McConathy are experienced criminal defense attorneys and represent individual in north Texas area. With years of experience they are able to help their clients in the most difficult positions and give them a peace of mind.
The attorneys at The Law Offices of Richard C. McConathy build a strong defense by implementing effective strategies based the unique facts of your case. You can rest assured that every aspect will be considered when the attorneys are fighting for your freedom.
To get more information or go over your case details with an attorney from The Law Offices of Richard C. McConathy send a message online today or call (972) 233-5700. The attorneys at The Law Offices of Richard C. McConathy represent individuals throughout north Texas counties including: Tarrant, Dallas, Collin, Parker, Rockwall, Denton, Ellis, Grayson and Johnson.
Dallas DWI with Resisting Arrest Information Center
- Difference Between Resisting Arrest and Evading Arrest under Texas Law
- DWI and Resisting Arrest/Evading Arrest Under Texas Law
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. First offense resisting arrest is a Class A misdemeanor, punishable up to one year imprisonment and/or a fine of no more than $4,000.
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.
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 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 operation a motor vehicle in a public place while intoxicated. This means that an individual can being 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 The Law Offices of Richard C. McConathy by email or calling them at (972) 233-5700.
The Law Offices of Richard C. McConathy – DWI with Resisting Arrest/Evading Arrest Attorney Dallas Fort Worth
A charge for driving while intoxicated with resisting arrest is a difficult and complex charge to defend. As a result of this, an experienced criminal defense attorney is recommended for a case such as this to ensure that you have a strong defense.
Richard C. McConathy and his team have years of experienced in dealing with similar DWI arrest cases. The attorneys at The 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.
Call The Law Offices of Richard C. McConathy today a (972) 233-5700 to for a free consultation. The attorneys at The Law Offices of Richard C. McConathy proudly represent individuals in and around the north Texas cities of Dallas, Irving, Garland, Carrollton, Cedar Hill, Desoto, Addison, Plano, Allen, Fort Worth, Denton, Rockwall, Sherman, Heath and other areas as well .