You’ve been pulled over by a cop, and sooner than you know the Breathalyzer says your blood alcohol concentration crosses the threshold level. But here’s the thing – you haven’t had a drop, or at least, not enough to get you drunk. You are certain that you’ve been wrongfully charged with DUI. As tempting as it may be to fight this unjust accusation – don’t resist a DUI arrest.
Resisting arrest will only worsen things. Not only is it a criminal offense, but it can also result in serious physical harm to you and the officer involved. Instead, maintain your cool and cooperate with the arresting officer – don’t make a bad situation worse.
You mustn’t wait to seek the assistance of an experienced Charleston criminal defense attorney from the Charleston DUI Guy Law Firm. This way, you can ensure that your rights are protected and that the case against you is dismissed.
Don’t put off seeking legal counsel until it’s too late; contact a Charleston criminal defense attorney right now.
For now, let’s delve a bit deeper into the point we made earlier – why resisting a DUI arrest is not a good idea.
What Does It Mean To Resist a DUI Arrest?
When a person attempts to prevent or obstruct a law enforcement officer from making a lawful arrest, they are charged with resisting arrest. This can include physically struggling or resisting the officer, using force against the officer, or fleeing the scene.
You must remain calm and follow the officer’s instructions to avoid resisting arrest.
Here are some pointers to keep in mind:
Maintain Your Cool
Avoid becoming agitated or aggressive with the officer.
Comply with the officer’s request to stop and whatever they require from you (within legal bounds). Failure to comply may result in the situation escalating and additional charges.
Avoid Physical Resistance
Physically resisting arrest, such as struggling or using force against the officer, can have serious consequences, including additional criminal charges and potential injury.
Seek Legal Counsel
If you are arrested and believe the arrest is illegal (i.e., if there were no grounds for a DUI), you can later challenge the detention through an experienced criminal defense attorney.
If you resist a DUI arrest, it can result in severe penalties such as fines, imprisonment, and a criminal record. If you are arrested for DUI, you must follow the officer’s instructions to avoid escalating the situation and facing additional charges.
The Penalties For Resisting Arrest Are Worse Than The Penalties For DUI
Resisting arrest is a serious criminal offense, with penalties that can be far harsher than those for a DUI conviction in Charleston. If you resist arrest, you may face additional criminal charges, fines, and possibly jail time.
This will also apply even if the DUI charges are dropped.
Resisting arrest is a misdemeanor offense in South Carolina, punishable by a fine of up to $500 or a year in jail. If the officer or others are physically harmed due to the resistance, the penalties can be much harsher, including a felony conviction and up to ten years in prison.
The penalties for a DUI conviction in Charleston, on the other hand, are determined by several factors, including the severity of the offense, the defendant’s criminal history, and other circumstances surrounding the arrest.
In South Carolina, a first-time DUI conviction can result in fines, license suspension, community service, and mandatory alcohol education classes. Subsequent DUI convictions can result in harsher penalties, such as longer license suspensions, higher fines, and even jail time.
Resisting arrest is not worth the risk, even if you are wrongly charged with DUI. Remain calm and cooperative with the arresting officer and seek the assistance of an experienced Charleston criminal defense attorney as soon as you can to ensure that your rights are protected.
You Will Have A Hard Time Winning Your Case If You Resist a DUI Arrest
Resisting arrest can jeopardize your ability to defend yourself against any charges, including DUI charges, successfully. When you resist arrest, you put yourself in danger physically and create a situation that can be used against you in court.
Police officers are trained to use force to subdue a resisting arrest suspect when necessary. If you resist arrest, the officer may use power to stop you, resulting in physical injuries as well.
Furthermore, any evidence showing that you were resisting arrest, such as witness testimony, video footage, or even the arresting officer’s report, could be used against you in court to suggest that you were guilty of other crimes or intoxicated.
You can protect your rights during the arrest if you cooperate with the police. Even if you believe you are innocent of the charges brought against you, you must remain calm and follow the officer’s instructions to avoid escalating the situation.
Fight back against injustice through justice – contact a trusted Charleston criminal defense attorney who can help you with a solid legal defense.
Let A Qualified Charleston Criminal Defense Attorney Help You
When facing a DUI charge in Charleston, you must reach out to a DUI defense attorney to protect your rights and navigate the legal system.
Your lawyer from the Charleston DUI Guy Law Firm can explain to you your legal rights and ensure that you understand what to expect during the legal process.
We will look into your arrest’s circumstances and collect evidence that may help your case, such as obtaining witness statements, reviewing police reports, and securing breathalyzer or blood test results.
Your attorney may also work with prosecutors to reduce charges and penalties or even drop the charges (depending on whether there are grounds for a DUI conviction or not). We’ll create a defense strategy that considers the specifics of your case, including any mitigating or extenuating circumstances.
You can discuss the specifics of your case and even let us know why you think you were wrongfully charged during your consultation with a qualified Charleston DUI lawyer from our firm. We’ll then work on protecting your rights, developing a strong defense strategy, and achieving the best possible outcome for your case.
Don’t put it off any longer; contact us right away to get the legal assistance you require!