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 North Carolina, fleeing or eluding arrest by a law enforcement officer is a criminal offense under General Statute 20-141.5. This statute specifies that it is illegal for a driver of any vehicle to willfully flee or attempt to elude a law enforcement officer who is in the process of conducting a lawful stop or arrest. The offense becomes more serious if the person fleeing does so by using a motor vehicle or watercraft. The severity of the charge can range from a Class 1 misdemeanor to a Class H felony, depending on the circumstances, such as whether the person drives recklessly or at high speed, causes an accident, or injures someone in the process. The penalties for this offense can include fines, imprisonment, and driver's license revocation. If the act of fleeing and eluding results in a chase that causes injury or death to any person, the offender may face even higher penalties, potentially being charged with a felony that carries substantial prison time.