What to Do If You're Charged with DUI and Resisting Arrest?

If you have been charged with DUI and resisting arrest, you are facing serious legal consequences that can impact your life in many ways. A DUI conviction alone can result in the loss of your license, hefty fines, and even jail time. But when you also face charges of resisting arrest, the potential penalties become even more severe. It is essential to seek the assistance of an experienced San Luis Obispo DUI attorney who can help you understand your legal options and defend your rights in court.

However, just because you have been charged with DUI and resisting arrest does not mean you are automatically guilty. There are several steps you can take to protect your rights and defend yourself against these charges, with the help of a skilled DUI lawyer.

Understand the Charges Against You​

Before you can effectively defend yourself against DUI and resisting arrest charges, you need to understand what you are facing. DUI charges typically involve operating a vehicle while under the influence of alcohol or drugs, while resisting arrest charges involve resisting or obstructing a law enforcement officer in the performance of their duties.

In many cases, DUI and resisting arrest charges arise out of the same incident. For example, if you are pulled over for suspicion of DUI and then refuse to comply with a police officer's commands, you may be charged with both offenses.

Hire an Experienced DUI Defense Attorney​

If you are facing charges of DUI and resisting arrest, it is essential to hire an experienced DUI defense attorney as soon as possible. A skilled attorney will be able to review the evidence against you, evaluate your case, and develop an effective defense strategy. Your attorney will also be able to advise you of your rights and guide you through the legal process.

Your San Luis Obispo DUI attorneys may be able to negotiate with the prosecutor to reduce or dismiss the charges against you. For example, they may be able to argue that the evidence against you was obtained illegally, or that the officer who arrested you did not have probable cause. Your attorney may also be able to negotiate a plea deal that reduces the charges against you in exchange for your cooperation with the court. By working with experienced San Luis Obispo DUI attorneys, you can increase your chances of a positive outcome in your case.

Prepare Your Defense​

Once you have hired an attorney, it is important to start preparing your defense. Your attorney will work with you to gather evidence and develop a strategy that is tailored to your case. Some possible defense strategies for DUI and resisting arrest charges include:

Challenging the Evidence​

One possible defense strategy is to challenge the evidence against you. Your attorney may be able to argue that the results of the field sobriety or breathalyzer test were inaccurate, or that the officer who arrested you did not follow proper procedures. They may also be able to argue that you were not actually resisting arrest, or that the officer used excessive force.

Demonstrating Your Cooperation​

Another possible defense strategy is to demonstrate your cooperation with law enforcement. For example, if you were initially uncooperative but later complied with the officer's commands, your attorney may be able to argue that you were not resisting arrest. Your attorney may also be able to argue that you were under extreme duress at the time of the incident, which may have impacted your behavior.

Working Toward Rehabilitation​

If you are facing DUI and resisting arrest charges, it may be beneficial to work toward rehabilitation. This may involve attending a substance abuse treatment program, completing community service, or engaging in other activities that demonstrate your commitment to changing your behavior. Your attorney may be able to use your rehabilitation efforts as evidence in your defense, which may lead to reduced charges or a more lenient sentence.

In Conclusion​

If you have been charged with DUI and resisting arrest, it is essential to take immediate action to protect your rights and defend yourself against these charges. By hiring an experienced DUI defense attorney, preparing your defense, and working toward rehabilitation, you may be able to reduce the charges against you or even have them dismissed altogether. Remember, every case is unique, and the best course of action will depend on the specific facts and circumstances of your case.