Resisting Arrest During a DUI Stop in Virginia
When a DUI Stop Escalates
You see the flashing lights in your rearview mirror, and your heart sinks.You pull over, answer the officer’s questions, and try to keep your voice steady. Then something shifts, the conversation gets tense, the officer’s tone sharpens, and before you can fully process what’s happening, you’re being told you’re under arrest.
In the confusion, you react, maybe you step back, pull away, or protest too strongly, and suddenly you’re facing DUI and resisting arrest charges.
In the hours that follow, the reality begins to sink in. You start replaying the traffic stop in your mind, every word, every movement, trying to understand how things escalated so quickly and what these charges could mean for your future.
Understanding Resisting Arrest in Virginia
Under Virginia law, resisting arrest is classified as a Class 1 Misdemeanor, which is the most serious misdemeanor offense in the state. A conviction can result in up to 12 months in jail, a $2,500 fine, and a permanent criminal record.
Importantly, the law does not allow you to resist arrest, even if you believe the officer’s actions are unfair or unlawful at the time. Any challenge to the legality of the arrest must be made later in court, not during the encounter.
Why Resisting Arrest Complicates a DUI Case
DUI stops are already high-pressure situations. You may feel the stop was unjustified or believe the officer crossed a line, but adding a resisting arrest charge makes the case significantly more complex. Prosecutors may be less willing to negotiate, the defense strategy becomes more challenging, and you are now facing two criminal cases with separate penalties.
Even if there are strong defenses to the DUI itself, a resisting arrest conviction can still lead to serious consequences, including jail time, steep fines, and long-term impacts on employment and security clearances.
How a Defense Attorney Can Help
While the law prohibits resisting arrest, your experience during the stop still matters. An experienced DUI defense attorney will examine the full circumstances of the encounter, including:
Reviewing body camera footage and arrest reports for signs of improper conduct
Determining whether your constitutional rights were violated
Filing motions to suppress evidence obtained unlawfully
Developing a defense strategy that addresses both charges together
The goal is to look beyond the surface-level accusations and build a case that protects your rights at every stage.
Taking Action After a DUI and Resisting Arrest
Facing these charges can feel overwhelming, but you do not have to navigate them alone. At Battlefield Law Group, we represent clients throughout Northern Virginia, including Prince William, Fairfax, Loudoun, Stafford, and Fauquier counties. We understand the stress, frustration, and uncertainty that come with these situations, and we work with you to create a clear plan for moving forward.
Call 571-364-0500 for a free consultation or email info@battlefieldlawgroup.com.
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