Evading Arrest While DWI in Texas

 Posted on March 18, 2024 in DUI/DWI

It is extremely common for drivers who are drunk to panic when they realize that a police officer is trying to pull them over, or has noticed that they are drunk. These drivers may make attempts to avoid arrest, which can lead to additional charges for evading arrest. Evading is normally a misdemeanor, but may be charged as a state jail felony if the defendant used a vehicle while fleeing. This is because fleeing in a vehicle can lead to a high-speed police chase, which endangers everyone involved and nearby. Most DWI drivers who flee do so while driving, although some do attempt to flee on foot. If you are accused of DWI and evading arrest, it is very important to seek advice from a qualified Houston, TX DWI defense lawyer immediately.

Actions That Can Lead to Evading Arrest and Similar Charges 

In addition to the DWI, you might face charges for evading arrest, evading detention, or similar charges if you took measures to avoid getting arrested such as: 

• Refusing to pull over promptly - Pretending you did not see the officer trying to stop your vehicle can not only be considered evading detention, but it can also be used as evidence to support the fact that you were intoxicated. Speeding up, abruptly turning or exiting the freeway, making a sudden u-turn, or otherwise failing to stop your vehicle on the side of the road at once can also lead to these charges. You will likely be charged with a felony if this is what happened.

• Running after stopping - Some drivers will pull over and hope that the officer does not notice their intoxication. This approach rarely succeeds. When the officer went back to his vehicle to run your license and insurance, this may have seemed like a good time to simply abandon your car and try to vanish into the night. This is usually seen as misdemeanor evading arrest.

• Physically resisting - Putting up a fight when an officer attempts to handcuff you can lead to multiple very serious charges, including evading arrest and assaulting a police officer depending on exactly what happened. If you simply shook your arm loose and ran, you might only be charged with evading arrest. However, if you struck, pushed, or otherwise fought off the police officer, you are more likely to be charged with assaulting an officer.

If you are charged with any of these offenses, it is important to be represented by a skilled attorney.

Contact a Harris County, TX Evading Arrest Attorney

Murphy & McKinney Law Firm, P.C. is committed to providing the best legal defense possible to people who have been charged with a crime in Texas. Our experienced Houston, TX DWI and evading arrest lawyers will work to minimize the impact of your case. Our skilled legal team includes Doug Murphy, who served on the Board of Regents for the National College for DUI Defense. Contact us at 713-229-8333 for a free consultation.