TL;DR:
Resisting a DUI arrest in San Diego can lead to two separate criminal charges, increasing penalties and complicating your case. This guide breaks down how DUI laws work, what qualifies as resisting arrest, and how legal defenses may apply when both charges occur together.
Readers will learn:
- What constitutes a DUI under California law and how first-time vs. repeat offenses differ
- What resisting arrest means under Penal Code 148 and the penalties involved
- How resisting a DUI arrest can impact both charges and potential sentencing
- Common defense strategies for DUI, resisting arrest, or both
- Why hiring an experienced defense attorney is crucial in these situations
- How bail bonds help friends or loved ones exit pre-trial custody quickly
Arrests for driving under the influence (DUI) are common in San Diego and California. For first-time offenders, penalties range from years-long probation and fines to a license suspension of 6 months, and jail time can be a possibility.
Resisting arrest, a charge filed when someone interferes with, obstructs, or resists a law enforcement officer’s commands, can occur during a DUI arrest. For example, a person being detained for DUI may act without logic and try to run away to avoid the issues that come with an arrest.
In these cases, the person faces both DUI and resisting arrest charges. Let’s take a closer look at how resisting a DUI arrest in San Diego may affect your case.
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Understanding DUI and Resisting Arrest Charges in San Diego
What is a DUI?
A DUI arrest can be made by a local or county law enforcement officer, as well as members of the California Highway Patrol. If an officer suspects a driver is operating under the influence of drugs or alcohol, they may and often do pull over the vehicle and conduct a roadside sobriety test and preliminary alcohol screening.
As the Law Offices of Anna R. Yum explains, there are several distinct laws that relate to operating under the influence of drugs and alcohol in California.
VC 23152(a) prohibits operating under the influence of alcohol regardless of blood-alcohol content, while VC 23152(b) prohibits operating a vehicle with a blood-alcohol content of more than 0.08%. VC 23152(f) makes it illegal to operate a vehicle under the influence of drugs, including illegal drugs, cannabis, and prescription medication that negatively influence the ability to drive safely.
DUI charges vary significantly. First-time offenders generally don’t face jail time (although they can, depending on the circumstances of the case). However, they often are fined, placed on probation, have their license suspended, and more if found guilty.
First-time DUIs are generally misdemeanors, although a felony DUI is usually charged if a person is injured by the driver. Repeat offenders can face felony DUI charges that include jail time, long-term license revocation, and more.
It is generally a good idea to find a DUI defense lawyer in San Diego when facing a DUI charge. A lawyer can help you navigate the court system and reach a plea deal with prosecutors, among other forms of support.
What is Resisting Arrest?
Resisting arrest is illegal under California Penal Code 148. This part of state law prohibits willfully obstructing, delaying, or resisting a public officer (such as a police officer or an emergency medical technician) as they carry out their lawful duties.
A resisting arrest charge in California can stem from running away, refusing to follow an officer’s commands, attacking an officer, and even non-violent activities such as supplying a false name. Someone facing a DUI charge may refuse to be handcuffed or refuse a blood-alcohol content test, for example.
As San Diego criminal defense lawyers McElfresh Law Inc explain, resisting arrest is a misdemeanor charge that can lead to a fine of $1,000, jail time, or probation. The consequences for resisting a DUI arrest, or any arrest, can be significant.
How to Fight a Charge of Resisting Arrest Only, or Resisting Arrest With DUI
The common target for a legal defense of a resisting arrest charge comes from challenging the lawfulness of the peace officer’s duty that led to the resisting arrest charge. For example, if an arrest can be argued to be wrongful or if the peace officer used excessive force, a defense against a resisting arrest charge is possible.
In the big picture, most defenses stem from an argument that officers broke the law or did not follow proper procedure as they made the arrest. This is true for charges of resisting a DUI arrest in San Diego and in many other scenarios across the state.
The same general concept is an option in DUI cases. If a lawyer can make a convincing argument that police officers didn’t follow proper procedure or broke laws while making the arrest, it’s possible that a jury will find the defendant not guilty or that the case will be thrown out before it reaches trial.
Examples include an officer not following the established rules for testing blood alcohol level, such as first observing the suspect for 15 minutes, or that the officer did not have a good reason (probable cause) to make the traffic stop that led to the arrest.
Other general DUI defenses include the argument that poor driving or signs that can be interpreted as showing someone is under the influence are not guarantees of a DUI. In other words, what an officer sees in the field is not the same as a blood test or other test that conclusively proves someone is under the influence. Medical conditions that lead to false-positive results on blood or breath tests are another option.
The Importance of an Attorney for a Resisting Arrest Charge, DUI Charge, or Both
Navigating the legal system is difficult in nearly every situation, as the average person has limited or no knowledge of legal procedure details, the specifics of state laws, and similar key concepts.
A defense lawyer can’t guarantee a not-guilty verdict, but they can assess the situation using their knowledge and experience. They also tend to understand how judges and prosecutors operate, allowing them to make informed decisions about how to approach the trial, attempt to bargain on a plea deal, and otherwise approach the case in a way that supports their client.
Bail Bonds for DUI Arrests, Resisting Arrest Charges, And More
Bail Hotline provides 24/7 support for people in pre-trial holding who are accused of resisting arrest, DUI, and other charges, but not convicted of any crime. With a bail bond, you can help your friend or loved one return home, get back to their regular life, and prepare for their defense. Our local San Diego office is always ready to help.
