Consequences for Resisting a DUI Arrest in California

Posted on: September 12th, 2022 by Dod Law

Being pulled over for a DUI is a frightening experience and is often many Californians’ first brush with the state’s criminal justice system. In the heat of the moment, some individuals may be tempted to resist the arresting officer to avoid any potential consequences. Unfortunately, resisting a DUI arrest has severe penalties and could significantly worsen any consequences you face.

If you were charged with resisting arrest in addition to a DUI, the stakes are too high to go without the help of an experienced criminal defense attorney. At Dod Law, APC, our attorneys are dedicated to aggressively defending our clients’ rights and achieving the best possible outcomes for their cases. When you work with Attorney Dod, you can have peace of mind that he will fight tirelessly for your rights during every step of the legal process.

Penalties for Resisting a DUI Arrest in California

Resisting arrest refers to resisting, obstructing, or delaying a law enforcement officer as they perform their duties. These charges carry severe penalties that you may face in addition to any penalties from your DUI. In California, resisting arrest is charged as a misdemeanor and is punishable by up to one year in jail and a fine of $1,000. If you harmed or attempted to harm the arresting officer as you resisted, you may also face assault or battery of a peace officer charges, which carry additional penalties.

If convicted, the penalties for resisting arrest will be sentenced in addition to those for the initial DUI charge. If you were arrested for your first DUI, you would be charged with a misdemeanor and may be sentenced to the following penalties:

• Three to five years of misdemeanor probation
• Three to nine months of DUI school
• Six months driver’s license suspension
• Required installation of an ignition interlocking device for six months
• Six months of jail time
• Fines between $1,500 and $2,000

Additionally, resisting a DUI arrest may be seen as an aggravating factor in your case. In California, aggravating factors may significantly increase the severity of any penalties you face.

Common Defense Strategies for Resisting a DUI Arrest in California

Being charged with resisting arrest on top of a DUI can be frightening and overwhelming to face on your own. Fortunately, an experienced criminal defense attorney can employ several strategies to erode the prosecutor’s case and protect your freedoms. A few strategies your attorney may use to fight your resisting arrest charges include the following:

• You did not willfully resist the officer and interfered with their duties on accident
• You were falsely accused due to racial profiling or other factors
• The officer did not have probable cause to complete the arrest
• The officer used unlawful force, and you acted in self-defense

Your attorney will investigate your case to determine which strategies apply to your unique situation.

Consult With a First-Class Criminal Defense Attorney

At Dod Law, APC, our attorneys are committed to protecting the rights and interests of those accused of resisting arrest in California. We understand how stressful contending with criminal charges can be, and are dedicated to giving you peace of mind during this trying time. Attorney Dod has 18 years of experience helping his clients across California achieve the best possible outcomes for their cases. When you retain his services, you can rest assured that he will leave no stone unturned as he investigates your case and defends your rights.

To schedule a free consultation and learn more about how Attorney Dod can help you, call us at (619) 814-5110 or complete our contact form today.

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