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 Arizona, fleeing and eluding a peace officer is a criminal offense under Arizona Revised Statutes (ARS) 28-622.01. An individual commits this crime if they knowingly flee or attempt to elude a law enforcement officer after being given a visual or audible signal to stop. The signal can be given by hand, voice, emergency light, or siren. The law applies when the person knows or has reason to know that they are being pursued by a peace officer. If the fleeing and eluding involve the use of a vehicle or watercraft, the offense is typically classified as a class 5 felony. However, if the act of fleeing and eluding creates a risk of physical injury to any person, the offense is elevated to a class 3 felony. Penalties for these felonies can include fines, imprisonment, and the suspension or revocation of driving privileges. The specific penalties depend on the circumstances of the offense and the presence of any aggravating factors, such as causing injury to another person.