Resisting a DWI (driving while intoxicated) arrest can have serious legal repercussions in New York City. You could face charges of obstructing governmental administration and resisting arrest if you fight an arrest in NYC. The police are allowed to use reasonable force to conduct an arrest. This article will explain some possible repercussions for resisting a DWI arrest.
What is Resisting a DWI Arrest?
There are various ways to avoid being arrested. It is frequently simple for police to establish that someone fought being arrested. A person might be charged with resisting arrest without even leaving the scene. Whatever struggle you put up when arrested may be enough to show that you resisted.
Raising your arms or swinging them about instead of lowering them and positioning yourself as the officer directs can sometimes work against you. So, when a police officer has the right to arrest you, follow their instructions and refrain from potentially misinterpreted physical actions.
Consequences of Resisting Arrest
Some of the notable repercussions for resisting arrest are;
- Additional Charges
In New York, resisting arrest is a class A misdemeanor. Hence, you can receive the same punishments as those convicted of a crime like petty theft if you are charged with resisting arrest. That is because resisting arrest and petit larceny are both classes A misdemeanors. Such offenses are subject to up to a $1,000 fine or two or three years of probation. Those who commit such crimes also risk serving up to a year in prison.
- Aggravated Crime
Charges may be upgraded to more serious offenses, such as assault on a police officer if the resistance involves force or a weapon.
- Physical Injuries
Both the suspect and the police officer may sustain bodily harm because of resisting an arrest. The defendant may be prosecuted with felony assault on a police officer if the officer sustains injuries.Lastly, it is crucial to remember that resisting arrest is never a good decision and that severe legal repercussions may exist. You should speak with a skilled DWI attorney if you are facing a DWI accusation or any other criminal offense in NYC so they can assist you in understanding your legal choices and defending your rights.
