You’ve just been pulled over. You know you’ve had a few drinks, but you’re not “drunk” drunk. You’ve had worse, and you’re not about to let this cop ruin your night. You roll down the window, ready for an altercation.
Pause it here for a second. Just don’t do it. You can’t fight through it and you’ll only make things worse for yourself.
Resisting a DUI arrest can potentially ruin your life. In this article, we’ll break down what can happen if you try to resist DUI arrest. We’ll also explore why it’s always in your best interest to hire a capable DUI defense lawyer in Greenville, South Carolina from the Bateman Law Firm instead of fighting the system yourself to defend your freedom and legal rights.
Common Reasons People Resist DUI Arrests
People resist DUI arrests because they think or know that they’re innocent. Others panic at the thought of the consequences of a DUI conviction, such as jail time, losing their driver’s license, or increased insurance rates. But if you think that you can prove your innocence in court after this (or get a lighter sentence), you’d be wrong – you’re digging yourself an even bigger hole.
Regardless of the reason, fighting a DUI arrest is almost always a bad idea.
Police officers are trained to deal with resistant suspects and have a variety of techniques at their disposal to subdue them. If you resist arrest, you risk injuring yourself or being arrested. In addition, if you are convicted of resisting arrest, you may face additional penalties in addition to your DUI charge.
How Can Resisting Arrest Affect DUI Cases in Greenville, South Carolina?
Resisting arrest, especially when suspected of DUI, is a terrible idea. It can be detrimental to your DUI case and bring more charges to the equation.
When you resist arrest, the officer arresting you may believe you are guilty of something else. The officer may believe you are attempting to flee or are attempting to harm them. And, of course, the struggle will also irritate them.
The officer will also note that you resisted arrest in their report. This can make it more difficult for your lawyer to defend your DUI case.
There Are 3 Types of Resisting Arrest Charges in South Carolina
The South Carolina Code of Laws defines three categories resisting or obstructing law enforcement personnel and resisting arrest.
1) Resisting Arrest
This accusation represents a circumstance in which you refused the officer’s commands but did not cause any injury to the officer. This offense is considered a misdemeanor.
2) Using Violence to Resist Arrest
The second form of opposing a law enforcement officer is if you defied the police’s demands while also causing injury to the officer. This offense is classified as a felony.
3) Resisting Arrest With a Deadly Weapon
This accusation covers a circumstance in which you use a deadly weapon, such as a gun or a knife, to oppose an arrest, whether yours or someone else’s.
This offense, like assault and battery charges, does not need the use of a lethal weapon (even if you try to do so, it will count). The possession and attempted use of a weapon are enough for law authorities to add this allegation to your indictment.
The Consequences of Resisting a DUI Arrest
A misdemeanor resisting arrest conviction in South Carolina can result in up to a year in prison and a fine ranging from $500 to $1,000. If the officer was attacked during the arrest, the punishment might range from $1,000 to $10,000, and imprisonment can last up to ten years.
The maximum sentence remains ten years if the accused used a deadly weapon or threatened to use a deadly weapon. However, in certain circumstances, the individual will be sentenced to at least 2 or more years in prison, with a minimum of six months spent before release may be granted.
The Role of a DUI Defense Attorney in Greenville, South Carolina
If you get in a situation where you’ve been arrested for DUI in Greenville, South Carolina, you first should hire a DUI defense attorney. Not only will your attorney be able to assess the evidence against you and create a defense to challenge the charges.
In addition, they will be able to represent your best interests in court.
You might think that because the penalties for DUI in South Carolina are so severe, it’s impossible to get out of them—but that’s not the case! A good DUI lawyer will investigate your arrest, look for flaws in how evidence was collected or handled, and work to have the charges reduced or dismissed.
If your case does not end in your favor, your lawyer will be able to guide you through the complicated process of filing an appeal. So, if you’ve been arrested for DUI in Greenville, South Carolina, don’t wait. Contact an experienced attorney right away!
Find the Best Greenville Criminal Defense Lawyer for Your Case
If you’ve been arrested and charged with a DUI, contacting an experienced criminal defense lawyer is your best option. But how do you choose one?
Here are some tips for the family members of the arrested individual to help them find the right lawyer:
- Look for someone who specializes in DUI defense. A general practice attorney may need help to provide the same level of expertise.
- Ask around in the Greenville area for recommendations from friends or family members.
- Look for an attorney with experience in litigation and courtroom procedure who can effectively defend and advise you of your rights, prepare defense strategies, and ensure your interests are protected.
- Make sure the lawyer has a good reputation—you want someone who knows how to fight for their clients and has previously won cases.
- Research any reviews or testimonials about the attorney online and from other attorneys. Finding an experienced lawyer in Greenville whose clients have achieved positive outcomes is essential.
Hire an Experienced DUI Lawyer in Greenville to Defend Your Rights
A DUI arrest can be a frightening and overwhelming experience. While in situations something like this, it is essential to remember that you have rights and there are ways to fight the charges. A DUI defense lawyer in Greenville, South Carolina from the Bateman Law Firm can help you navigate the legal system, challenge the evidence against you, and build a strong defense.
With the help of a knowledgeable lawyer, you can get the charges reduced or even dismissed. If you are facing a DUI arrest, do not hesitate to contact a trusted criminal defense lawyer in Greenville, South Carolina from our firm to learn more about your rights and options.
Our criminal defense attorneys know the local DUI laws and how to navigate the complicated legal process. Your best chance of avoiding severe penalties (or getting your charges dropped altogether) is by having our lawyer on your side who can fight for your rights.
Reach out to us now!