When people get arrested for alleged crimes involving intoxication, there’s a chance they might not comply with police officers. This can happen if they’re pulled over and arrested for DWI. It can also happen in other instances, such as a recent case where a man with a reported blood alcohol content (BAC) of .29 was stopped by police after allegedly breaking bottles in public; when they attempted to cuff him and take him to detox, he allegedly initiated a prolonged struggle that resulted in hundreds of dollars of damage to a police car.
What does it mean to resist arrest?
In general, there are two main ways to resist arrest: without force and with force. Resisting arrest without force might mean that you’re evading police officers without shoving, punching or otherwise doing anything physical to them. With force means that you’re physically resisting or struggling against them, which might include striking them.
There are generally steeper penalties for resisting with force. Police are also allowed to use the “necessary force” to subdue you and arrest you. (The force that’s necessary in any given situation is something you should discuss with your attorney.)
The penalties involved could include prison time and fines, on top of whatever crimes the police were initially trying to arrest you for.
What should you do if you’re facing these charges?
Especially when people are intoxicated, they might act with greater impulsiveness and poorer judgment. This diminished self-control could land them in hot water with police. Even a slight struggle when the police attempt to handcuff you could be construed as resisting arrest; you don’t need to throw punches, kick or pull out any weapons.
Regardless of whether or not you’re intoxicated or simply stressed out and agitated by your arrest, try to remain as calm as possible around police officers. Also try to remember the details of what happened. The charges of resisting arrest may not hold up under scrutiny, and the police themselves sometimes overstep their authority.