As a Georgia DUI Lawyer, I frequently remind those who read my posts that no one is immune from a DUI arrest. Recently, an ex Georgia police officer was arrested this past Sunday.
His arrest stems from an incident where a vehicle matching his vehicle's description hit another vehicle as well as a road sign. There were several witnesses to the incident. A piece of his fender was left at the scene. The responding officers caught up with the suspect in a grocery store parking lot, ready to arrest him on charges of leaving the scene of an accident in Georgia.
He allegedly resisted their arrest and was described as behaving with hostility. Officers reported smelling alcohol on his breath and noticing that he was slurring his speech and unable to stand on his own. Charges of obstruction and DUI in Georgia were added to his arrest.
In today's post, I will outline the law behind the criminal offense of obstruction which is the legal term for resisting arrest.
Obstruction in Georgia
Obstruction in Georgia is defined by Georgia Law in O.C.G.A. §16-10-24.
According to the first part of the law, misdemeanor obstruction is defined as:
A person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.
If a person is convicted of misdemeanor obstruction, then the penalty can include up to 12 months in jail as well as fines up to $1,000.
According to the second part of the law, felony obstruction is defined as:
Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
If a person is convicted of felony obstruction, then the penalty can include up to 5 years in prison.
If you or a loved one has been arrested for DUI or for a DUI related offense, contact our offices today.