When a police officer attempts to stop a driver who has a suspended license, or who is concerned that they may be arrested for DUI, they may be in for a surprise. Drivers who fall into these two categories, as well as drivers who are in other precarious situations, sometimes fail to stop for a police officer who is attempting to stop them. As you might imagine, refusing to stop for a police officer has consequences of its own, in addition to any consequences that are likely to be imposed due to drug possession or use, suspended license, alcohol use, or other unlawful activity.

In Texas, there are two separate offenses that cover situations in which an individual attempts to get away from a law enforcement officer who is pursuing them. The first of these offenses is evading arrest or detention, and the second is fleeing or attempting to elude the police. The crime of evading arrest or detention occurs when six specific criteria are met. These criteria are that the person who is accused of attempting to evade is indeed the person who did evade the police, they actually evaded law enforcement for a period of time, they did it intentionally, they did it with the knowledge that an officer was pursuing them, the officer was attempting to detain or arrest them, and the arrest or detention, had it occurred, would have been legal. Evading arrest or detention is a class A misdemeanor if the individual escaped on foot, but it is a Texas jail felony if they used a vehicle. The crime of fleeing or attempting to elude an officer occurs when someone who is driving a motor vehicle refuses to stop when a marked law enforcement vehicle signals, either visibly, audibly, or both, for them to do so.

Defendants who are charged with either of the aforementioned offenses need to know that there are defenses which can be brought against the charges. Drivers do sometimes make mistakes when they are driving, and this includes not stopping for a vehicle that appears to be pursuing them. The signal that is given by the officer and/or their vehicle may be unclear, or you may have been looking for a safe and visible place to pull over. The circumstances under which you were arrested for these offenses play a large role in determining which defenses you may be able to bring against the charges.

Texas Criminal Defense Attorneys know the laws regarding evading arrest or detention and fleeing or attempting to elude a police officer inside and out. If you have been accused of one of these offenses, Texas Criminal Defense Attorney Alex Tyra may be able to help you reduce or eliminate the negative consequences associated with your arrest. If you have questions about a criminal law matter, please call our office today, at (903) 753-7499. You may also visit our website and contact us via our online contact form.