Freak DUI

NASHVILLE, Tenn. (AP)—Tennessee Titans defensive end Jevon Kearse has been arrested and charged with driving under the influence following a traffic stop near the Vanderbilt University campus.

Vanderbilt spokesman Jim Patterson said Kearse was stopped early Sunday morning after campus police reported seeing the SUV that Kearse was driving weaving across the road.

Patterson says Kearse took a field sobriety test, but refused a breathalyzer. He was arrested and charged with DUI and violation of Tennessee’s implied consent law for failing to take the breathalyzer test. Officials said Kearse was released later in the morning.

A call to the Titans was not immediately returned. A spokesman for Kearse’s agent, Drew Rosenhaus, said Kearse had no comment.

Kearse, the NFL Defensive Rookie of the Year in 1999 with the Titans, re-signed with the club in the offseason after spending the last four years with the Philadelphia Eagles.

 

You can be charged with refusing to take a breathalyzer? I didn't know that.

 

In Tennessee I guess you can. I always thought if you did they'd arrest you on the spot, but I didn't know they could charge you with refusing to take one.

 

Uhh, yeah, it's called implied consent.

You signed a form to that effect when you got your driver's license.

 

Depends on the state. Most states have an implied consent law that says you lose your license for refusing a sobriety test. I believe you have the right to demand a blood or urine test, instead of a breathalyzer, but I could be wrong.

 

Ahh, this answers my question. When it said he "refused the test," it meant altogether, I presume. I guess it's still legal to ask to take a blood or urine sample at the station.

That was what I was wondering: do you have to take the Breathalyzer in the field or can you ask for a blood or urine test.

 

Why don't these mega-rich players just hire somebody for 50,000K a year to just stay sober and drive them around?

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You can decline the field side sobriety test, but it almost guarantees they will pull out a breathalyser.

A lawyer told me a long time ago that you should never walk the line or go on one leg. It only gives them more ammo against you.

He advised that you should just look them in the eye and say that you have had two beers, but it is your right to refuse the agility and coordination tests. You will happily go down to the station for a blood test or a breath test.

The advantage is that the cops will not take you in unless they are sure you are bombed. If they have doubts, then they won't because it means paperwork for nothing if you are legally sober.

I know, no one should ever drink and drive and the rules have changed since this advice, but everyone should know their rights.

 

Tennessee state law re: alcohol is bizarre. Remember the McNair DUI when his brother was driving his car drunk?

http://nbcsports.msnbc.com/id/18591782/

 

Most do.

 

I've said the same thing you said for years now.

And that's some good advice.