Super Lawyers
Expertise 2020
Expertise 2021
Avvo Rating 10
Avvo Clients' Choice
National College for DUI Defense
Lead Counsel
Top 40
PACDL
NAOCDL

What to Do When Facing Charges for Evading a DWI Arrest in Ohio

The Consequences of Fleeing a DWI Detainment

Picture this: you are pulled over by law enforcement under the suspicion of driving while impaired. You might think that because of your perceived intoxication level, going to jail is unavoidable. In a brief moment of panic, you contemplate running away—perhaps hopping a fence or sprinting down the street—to escape being taken into custody. However, taking this route will only severely complicate your legal situation. Not only will you have to answer for the original DWI accusation, but you will also face extra penalties for trying to resist arrest.

In Ohio, state law clearly dictates that fleeing, resisting, or attempting to sidestep a lawful arrest is entirely illegal. Such actions frequently result in a resisting arrest charge. Depending on the specific details of the event, this offense can quickly be upgraded to a felony. If you or a family member is accused of obstructing justice in this manner, securing legal counsel right away is incredibly important. An experienced Lisbon criminal lawyer can evaluate the circumstances of the arrest, challenge improper police conduct, and help protect your rights throughout the criminal justice process.

Trying to avoid police custody might feel like a quick fix at the time, but it actually makes your circumstances much worse. Piling on additional allegations for resisting arrest simply multiplies your legal headaches. When dealing with these layered accusations, speaking with a skilled Lisbon OVI attorney is a vital step. The Youngstown Criminal Law Group is fully prepared to assist individuals confronting these severe charges.

Our dedicated legal professionals at the Youngstown Criminal Law Group focus strictly on defending our clients throughout the Ohio justice system. Leveraging deep experience and vast legal resources, our team is equipped to build a solid, aggressive defense strategy tailored to your situation. Contact our office at (330) 791-8104 to schedule a completely free initial consultation. We are proud to defend residents throughout Columbiana County. Keep in mind that dealing with criminal charges is highly stressful, and attempting to navigate the Ohio courts alone is a major risk. Putting your trust in a dedicated Lisbon criminal lawyer ensures you have an advocate fighting for the best possible resolution.

Understanding Resisting Arrest Under Ohio Law

Whenever an individual deliberately tries to stop an arrest by running away, utilizing physical resistance, or obstructing police officers, they commit a criminal offense in Ohio. The penalties grow significantly harsher if the incident involves any weapons or results in physical harm to a police officer. According to section 2921.33 of the Ohio Revised Code, resisting arrest involves the following:

  • Active Resistance: When a person intentionally or recklessly uses force to obstruct or resist a lawful arrest.
  • Injury Caused to Officers: If a police officer sustains any physical harm during the interference or resistance, the severity of the charges increases.
  • Use of Deadly Weapons: Displaying or using a deadly weapon during the struggle. Ohio law defines a deadly weapon as any instrument designed for harmful use or capable of inflicting death.

Consulting a Lisbon OVI attorney can help you understand exactly how these definitions apply to your specific event and map out your next steps.

Potential Penalties for Resisting Arrest

The exact punishment for a resisting arrest conviction depends heavily on the unique factors of the case. Standard sentencing guidelines in Ohio include the following:

  • For Non-Aggressive Resistance (2nd-degree misdemeanor):
    • A maximum of 90 days in jail.
    • A fine of up to $750.
  • If an Officer is Harmed (1st-degree misdemeanor):
    • A maximum of 180 days in jail.
    • A fine of up to $1,000.
  • Involving a Deadly Weapon (4th-degree felony):
    • Up to 18 months in state prison.
    • A fine of up to $5,000.

Time Frame to Prosecute

The statute of limitations in Ohio dictates the specific time limit a prosecutor has to formally file charges. This legal boundary exists to guarantee that cases are processed quickly and that all evidence remains reliable. Working with a seasoned Lisbon criminal lawyer guarantees that your constitutional rights regarding these legal timelines are strictly protected.

  • For misdemeanor offenses like standard resisting arrest, the state must file charges within two years.
  • For a felony resisting arrest charge, prosecutors have a longer six-year window. This period can extend up to twenty years if the situation also involves an aggravated assault charge.

Supplementary Information

  • Prison Policy Initiative: A non-profit advocacy group striving to reduce over-criminalization across the U.S. and tackle systemic issues such as overcrowded prisons.
  • Resisting Arrest Laws in Ohio: Educational resources detailing the exact parameters of resisting arrest statutes and the various levels of associated penalties.

Defending against resisting arrest accusations requires a highly capable and experienced legal team. If you are facing these types of allegations, reaching out to an experienced Lisbon criminal lawyer provides the aggressive representation you need to defend your rights. Contact the Youngstown Criminal Law Group today by calling (330) 791-8104 for a free consultation to review the specifics of your case.

Client Reviews

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Attorney Logue represented me well and took care of my legal issues superbly. He is a no-nonsense, very knowledgeable and well respected lawyer. I was pleased with his services. Would definitely recommend Attorney Logue to others.

Former Client

After fighting a ticket from hell that cost me my job, thousands in debt from having no job and threatening my present career, Sean Logue stepped in and the case was dismissed. It's a huge relief to have his professionalism and know-how in your corner!

Former Client

Fill Out Our Contact Form