A Brownwood motorist was recently arrested on a driving while intoxicated charge. The motorist also faces additional charges after making numerous threats to a law enforcement officer, including threatening to track him down and beat him up. The man remained in jail on charges of driving while intoxicated, retaliation, and resisting arrest. Law enforcement took the man to a nearby medical center for a blood draw after placing him under arrest. Individuals who are charged with resisting arrest in the state of Texas will likely end up facing significant penalties including fines and jail time.
Applicable Texas Law
An individual in the state of Texas can be charged with resisting arrest when he or she has intentionally prevented a law enforcement officer from executing an arrest, search, or transportation using force against that officer. These charges are often classified as Class A misdemeanors, which can result in up to $4,000 in fines and a one-year jail sentence. In situations in which an individual uses a deadly weapon in order to resist an arrest or search, he or she will be charged with a third-degree felony, which is punishable by a fine of up to $10,000 and a prison sentence between two and 10 years.
Advices Concerning Resisting Arrest Charges
In these types of situations, there are only a few defenses available for defendants. A defense claiming that the arrest or search in question was unlawful will not be considered. Individuals who are charged with resisting arrest are best to follow some essential advice, which includes the following:
- Do Not Talk to the Arresting Law Enforcement: Individuals should make sure to take advantage of their constitutional right to remain silent. Under no circumstances should individuals attempt to convince law enforcement officers of their innocence. An individual’s case will not be decided by the law enforcement officer. Individuals should instead wait to speak to their lawyers who will know the best way to respond.
Follow the Officer’s Orders: When arrests occur, individuals should always make sure to follow the arresting officer’s orders. Refusing to listen or obey a law enforcement officer will only result in more adverse consequences.
Individuals Should Not Attempt to Run: Individuals who attempt to run from an arrest are unlikely to escape but very likely to receive additional charges for running from the arrest.
- Treat Law Enforcement Officers Courteously: During an arrest, individuals should make sure to never talk back or use foul language in response to a law enforcement officer. Law enforcement officers can add charges received by an individual as a result of such behavior.
Reasons to Contact a Skilled DWI Attorney
If you are charged with resisting arrest or any other type of offense concerning driving while intoxicated in the county of Denton or the surrounding area, consider contacting a skilled attorney at Wheeler Law Office who knows how to fight tirelessly and compassionately to make sure that your case has a positive outcome.
(image courtesy of Scott Davidson)