Fight or Flight – Both are Bad Ideas if Stopped for a Possible DUI

We probably don’t need to tell you that if you’re stopped by the police in Indiana on suspicion of driving while under the influence of alcohol or drugs, it’s a very bad idea to fight with the officer or flee the scene. But sometimes it helps to understand exactly what can happen if you do so.

Fighting Law Enforcement

The typical situation where someone fights with police at a traffic stop arises because the person is trying to avoid being arrested. When someone “forcibly resists” a police officer while the officer is “engaged in the execution of the officer’s duties,” it’s a crime that at a minimum is a Class A misdemeanor.

Fleeing Law Enforcement

Fleeing from law enforcement can lead to the same result; at a minimum it’s also a Class A misdemeanor. Both fighting and fleeing are parts of the offense that Indiana calls “resisting law enforcement.”

Under Indiana law, a Class A misdemeanor is the highest level of misdemeanor crime, and can mean a sentence of up to 365 days in jail and a fine of $5000.

Enhanced Penalties Are Possible

Depending on what happens when the defendant fights with law enforcement, or tries to flee the scene, the level of crime and the corresponding penalties can increase substantially. For example: 

• Using a vehicle to commit the offense, drawing a weapon, or injuring anyone else while fighting or fleeing can increase the crime to a Level 6 felony (up to 2 years in jail or 6 months in prison, and a $10,000 fine); 
• Using a vehicle to cause serious bodily injury to someone else, or using a vehicle and having a prior conviction for resisting law enforcement can result in a Level 5 felony conviction (up to 6 years in prison and a $10,000 fine); 
• If the use of the vehicle causes the death of someone else, it’s a Level 3 felony (up to 16 years in prison and a $10,000 fine);
• If the use of the vehicle cause the death of a police officer, it’s a Level 2 felony (up to 30 years in prison and a $10,000 fine.

Razumich & Associates Can Help With Your DUI

At Razumich & Associates, we’ve helped thousands of clients all across Indiana defend themselves against DUI cases, including ones where they were also charged with resisting law enforcement. These cases are not unbeatable; we understand the laws that apply to proper DUI stops, and will fight for your rights and will vigorously defend you against all charges. 

Call Razumich & Associates today at 317-526-1453 or use our contact link to schedule a free confidential consultation to learn more about how we can help.