Our Best Florida DUI Defense Lawyer Explains How a Simple DUI Stop Can Spiral Into a Felony Resisting Charge

As a Florida DUI Defense Lawyer, I’ve seen DUI arrests escalate into something far more serious than most people ever expected. What starts as a routine traffic stop can suddenly lead to felony resisting arrest charges, especially when confusion, fear, or intoxication cloud judgment. If you’re facing both a DUI and a charge under Florida Statutes §843.01 for resisting an officer with violence, the consequences can be life-altering.

Let me walk you through what the law says, what prosecutors will try to prove, how we defend clients against these charges, and why hiring a private attorney can make the difference between a criminal record and a second chance.

What Florida Statutes §843.01 Says About Resisting Arrest with Violence

Florida Statute §843.01 defines resisting an officer with violence as knowingly and willfully resisting, obstructing, or opposing a law enforcement officer by committing an act of violence toward the officer while the officer is engaged in lawful duties. This is a third-degree felony punishable by up to five years in prison, five years of probation, and a $5,000 fine.

The key elements the state must prove:

  • You resisted or obstructed a law enforcement officer.
  • The officer was lawfully performing their duties.
  • You did so knowingly and willfully.
  • You used or threatened violence in the process.

Even minor physical actions can qualify. A push, elbow, or struggle during handcuffing is enough to bring this charge.

If the officer is injured, or if the incident happens while the person is also armed, additional charges may apply under other Florida statutes, including aggravated battery on a law enforcement officer (§784.07).

Passive vs. Active Resistance: Why the Distinction Matters

Florida law recognizes a critical difference between nonviolent resistance and resistance with violence.

Passive resistance may involve refusing to give your hands during an arrest, going limp, or verbally protesting. These actions may result in a misdemeanor under §843.02, which carries up to one year in jail.

Active resistance with violence escalates the situation to felony status under §843.01. Physical struggling, shoving, or any act that the officer perceives as physically threatening—even if you didn’t intend to harm—can result in a felony charge.

Intoxication often blurs this line. Many of my clients were not trying to assault the officer, but under the influence of alcohol or controlled substances, they panicked or misread the situation.

DUI and Resisting Arrest: A Dangerous Combination

Here’s where things get even more serious. A DUI arrest already puts you at risk for license suspension, fines, jail time, and long-term criminal penalties. Add resisting arrest with violence, and you’re now facing two separate charges—one of which is a felony.

This also makes it more difficult to negotiate DUI diversion or reduction to a lesser charge like reckless driving.Prosecutors are less likely to offer leniency when a law enforcement officer was involved in a physical confrontation.

That’s why it’s so critical to bring in a private DUI defense lawyer who can challenge both charges aggressively.

Real Case Example: Charges Reduced After Proving Officer Overreach

One of my clients, a 32-year-old nurse, was pulled over late at night in Tampa. She had consumed wine earlier in the evening but was not visibly intoxicated. During the traffic stop, she became visibly nervous and hesitated when the officer instructed her to exit the vehicle.

As she stepped out, she stumbled, and the officer attempted to handcuff her on the spot. Confused and upset, she instinctively pulled her arm away. The officer claimed she attempted to strike him and charged her with DUI and resisting arrest with violence.

We obtained dash cam and body cam footage, which showed that she did not make an aggressive move. The resistance was reflexive and brief. We filed a motion to suppress the resisting arrest charge, arguing that the officer had escalated the situation without probable cause to arrest her at that moment.

The State Attorney eventually dropped the felony resisting charge, and we negotiated her DUI down to reckless driving with no jail time.

Common Defenses to Resisting Arrest with Violence in DUI Cases

There are several strategies we use to defend clients accused of resisting arrest in connection with DUI:

Lack of Intent: You must have acted “knowingly and willfully.” If your actions were reflexive or caused by disorientation, confusion, or intoxication, we can raise that as a defense.

Unlawful Arrest or Detention: If the officer was not acting within lawful authority or escalated the situation without cause, we may challenge the legitimacy of the arrest itself.

Self-Defense: Florida law does not permit resisting lawful arrest. However, if the officer used excessive force, and you acted to protect yourself from serious harm, we can introduce that as a legal defense.

Insufficient Evidence: Often, the arresting officer’s report lacks detail or contradicts body cam footage. We request every piece of video and audio evidence to challenge inconsistencies.

How Florida Courts View Resisting Arrest in DUI Scenarios

Florida prosecutors treat law enforcement officers as protected victims. Any hint of aggression toward police—particularly in a DUI context—draws serious scrutiny. It’s not uncommon for prosecutors to “stack” charges in DUI cases, especially when a defendant resists handcuffing, refuses to comply during field sobriety testing, or argues too aggressively.

Without an experienced private attorney representing you, you may be pressured into a plea deal that permanently damages your criminal record, even if you never intended to hurt anyone.

Public defenders do good work, but they’re often juggling dozens of cases at once. When you hire my firm, I give your case the time and attention it demands, investigating every detail and identifying the weak points in the prosecution’s case.

Why You Need a Private Florida DUI Defense Lawyer

I can’t stress this enough: resisting arrest with violence is a felony. That means you could lose your civil rights, your job, your professional license, and your freedom. A conviction can lead to:

  • A felony criminal record
  • Loss of firearm rights
  • Immigration consequences (if you are not a U.S. citizen)
  • Probation and fines
  • Mandatory substance abuse evaluation
  • Jail or prison time

I know how Florida prosecutors build these cases. I’ve handled DUI and resisting cases in counties throughout Florida, from Miami to Tallahassee. I understand how to challenge probable cause, expose officer misconduct, and build compelling defenses that humanize you to the court.

This isn’t just about fighting a charge. It’s about protecting your future.

Florida DUI + Resisting Arrest Defense Strategy: What We Do for You

When you hire us, here’s what we immediately begin working on:

  • Obtain all body cam, dash cam, and field sobriety test footage
  • File motions to suppress unlawful stops or excessive force
  • Review officer’s disciplinary history if excessive force is alleged
  • Work with forensic toxicologists on breath and blood test results
  • Coordinate with witnesses or passengers at the scene
  • File legal motions to split or sever the charges when possible
  • Negotiate for reduced charges or pre-trial diversion when appropriate
  • Prepare for trial with mock cross-examinations and witness prep

Every case is unique, but we use a consistent, aggressive strategy tailored to your circumstances.

What To Do If You’re Facing Both DUI and Resisting Charges

Do not give a statement. Do not try to explain yourself to police or prosecutors before consulting a lawyer. The more you talk, the more they can use your words against you. Call me immediately.

Once I’m on your case, I’ll get between you and the prosecution. I’ll handle all communications, review the evidence, and determine the best way forward—whether it’s dismissal, reduction, or trial.

Florida DUI Defense FAQs: DUI and Resisting Arrest

Can I be charged with resisting arrest even if I didn’t hit the officer?

Yes. In Florida, “violence” does not require a serious injury. Any act perceived as physically resisting—pulling away, flailing, stiffening your arms—can qualify under §843.01. The key is whether the officer believes you opposed them using force.

Is it better to take a plea to the DUI and drop the resisting charge?

Not necessarily. A plea might sound appealing, but if the resisting charge stays on your record as a felony, the damage can be long-lasting. I often challenge the resisting charge aggressively while seeking a reduction on the DUI. Each case depends on the facts.

Can being drunk be used as a defense to resisting arrest with violence?

Voluntary intoxication is not a legal defense to most crimes in Florida. However, we can argue that intoxication clouded your intent, which matters in resisting cases. If you did not act willfully, that could undermine the State’s case.

Does body cam footage always help my defense?

It depends. Sometimes body cam footage supports the officer’s version, but often it shows inconsistencies or escalation. In my practice, I’ve had multiple cases dismissed or reduced after carefully reviewing video evidence.

What if I have a prior record—does that make it worse?

Yes. Prosecutors often factor prior convictions into plea negotiations. Prior resisting or DUI charges can enhance penalties. That’s another reason hiring a private attorney is so important. We can present mitigation, challenge the relevance of priors, and focus the court on who you are today.

Call Our Florida DUI Defense Lawyer Now to Protect Your Rights 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation.

We have 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

Do not wait. Felony resisting arrest and DUI charges can damage every part of your life. Let’s fight back—together.