A person commits a criminal offense (crime) if they intentionally flee from a person they know or should know is a peace officer or federal special investigator attempting to lawfully arrest or detain them. A person will be subject to higher penalties if they use a motor vehicle or watercraft while evading arrest or detention, or cause injury to another person. This criminal offense is also known as “fleeing and eluding.”
In Michigan, fleeing and eluding a peace officer is a criminal offense under Michigan Compiled Laws Section 750.479a. An individual commits this crime if they intentionally flee from or attempt to elude a police officer or federal special investigator whom they know, or have reason to know, is attempting to lawfully arrest or detain them. The penalties for this offense can be more severe if the individual uses a motor vehicle or watercraft to flee or elude the officer, or if their actions result in injury or death to another person. The severity of the charges can range from a misdemeanor to a felony, depending on the circumstances, such as the degree of risk created and the consequences of the flight. For instance, causing serious impairment of a body function to another person can lead to a felony charge with a potential sentence of up to 15 years in prison. The law is designed to deter individuals from endangering public safety and to uphold the authority of law enforcement officers.