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Possible Consequences of Resisting a DWI Arrest DUI, DWI, Traffic Violations

Possible Consequences of Resisting a DWI Arrest

2 years ago by Brian
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Driving while impaired (DWI) is a crime in Minnesota that relates to the act of driving, operating, or otherwise being in physical control of a motor vehicle while an alleged offender is either under the influence of alcohol, a controlled substance, or an intoxicating substance.

Having an alcohol concentration that exceeds legal limits, or having any amount or the metabolites of a schedule I or II controlled substance.

Anybody charged with DWI is going to need to find a DWI & criminal defense lawyer in Minnesota.

When a person is stopped by police for a suspected DWI offense, it is not uncommon for the driver to become argumentative when they believe that they have done nothing wrong or anything constituting a DWI violation.

People need to still be courteous in their interactions dealing with police officers because failure to do so can lead to possible resisting arrest charges, further complicating criminal defense cases.

Resisting DWI Arrest Charges in Minnesota

Resisting arrest is known under Minnesota Statute § 609.50 as obstructing legal process, arrest, or firefighting.

A person commits a resisting arrest crime when they intentionally obstruct, resist, or interfere with a police officer in the performance of their legal duties, or they obstruct, hinder, or prevent a person’s apprehension on a criminal charge. 

A person commits this crime if they:


  • Hinder, obstruct, or prevent the lawful execution of any legal process or apprehension of another person on a criminal charge or conviction


  • Resist, obstruct, or interfere with police officers while they are engaged in the performance of their official duties


  • Refuse to be handcuffed


  • Refuse to surrender


  • Struggle with the police


  • Wrestle or fight with the police


  • Otherwise prevent police from making an arrest


Criminal sanctions for resisting will depend on the severity and dangerousness of the alleged offender’s alleged conduct.

Resisting arrest is a felony when a person knew or should have known the alleged act would create a risk of death, substantial bodily harm, or significant damage to property; or the alleged act actually causes death, serious bodily injury, or substantial property damage.

A felony resisting arrest crime can result in a sentence of up to five years in prison and/or a fine of up to $10,000.

Resisting arrest will be a gross misdemeanor punishable by up to one year in prison and/or a $3,000 fine when the alleged act or threat was forceful or violent but did not cause death, substantial bodily injury, or substantial property damage. 

In all other cases, resisting arrest is a misdemeanor that can result in up to 90 days in jail and/or a $1,000 fine.

Many resisting arrest crimes connected to DWI cases also involve alleged refusal to submit to chemical test crimes.

A DWI test refusal crime is at least a gross misdemeanor because it is considered an aggravating factor.

Penalties can range from 3rd-Degree DWI to 1st-Degree DWI, depending on the number of other aggravating factors. 

As a gross misdemeanor, the penalty could be up to one year in jail and/or a $3,000 fine.

The immediate collateral consequence of a DWI test refusal will be license revocation, which starts at one year but may be reduced to 30 days if the guilty plea ultimately concerns a misdemeanor 4th-degree DWI.

Schedule a Free Consultation with a Woodbury Criminal Defense Lawyer

Were you recently arrested in Minnesota for both DWI and resisting arrest? Make sure that you get in touch with JS Defense as soon as you can.

Our firm aggressively defends people accused of all kinds of drunk or drugged driving offenses in Woodbury or near St-paul, MN.

You can call (651) 362-9426 or contact us online for a free consultation so we can fully review your case and also discuss everything about the case with you.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Justin M. Schiks who has more than 20 years of legal experience as a personal injury attorney.

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