Tiger Woods’ DUI charges: What we know — and why the urine test refusal matters

By Rebekah Riess, Cindy Von Quednow, CNN

(CNN) — Golf legend Tiger Woods says he is stepping away for a period of time to seek treatment following a rollover car crash in Florida late last week.

The statement came hours after he pleaded not guilty Tuesday to DUI charges related to the incident near his home in Jupiter Island.

Woods has been involved in four vehicle incidents since 2009. He was arrested once before for DUI but faced limited consequences.

In his statement, Woods said he’s committed to healing, but his legal future after the latest crash is less certain, especially because of his alleged refusal to submit to a urine test.

CNN spoke with Lawrence Meltzer, an attorney who specializes in DUI cases with Meltzer and Bell, P.A. in West Palm Beach, Florida, about Woods’ latest incident. Meltzer is not involved in the case.

What is Woods charged with following Friday’s crash?

Woods is charged with driving under the influence with property damage and refusal to submit to a lawful test, both misdemeanors.

He was arrested Friday when a Martin County sheriff’s deputy administering a field sobriety test at the crash site “believed that Woods’ normal faculties were impaired, and he was unable to safely operate the motor vehicle,” according to the affidavit in the case.

A breath test taken at the Martin County Jail registered 0.000 on both samples, indicating no alcohol was detected, the affidavit says. But Woods also refused to submit a urine test to determine the presence of chemical or controlled substances, the affidavit said.

What is Trenton’s Law?

Woods’ crash has drawn attention to a new Florida law that increases penalties for impaired driving cases.

Trenton’s Law, which took effect in October, requires the suspect be told that his or her failure to submit a breath or urine test during a DUI arrest is a first- or second-degree misdemeanor.

Additionally, it calls for a criminal penalty to refuse a breath or urine test during a DUI arrest. Failure to provide a sample results in the suspension of the driver’s license and a minimum of 30 days in jail.

Trenton’s Law “absolutely” applies to Woods’ crash Friday, Meltzer said.

Is Woods’ refusal to provide a urine sample more likely to help or harm him?

Florida operates under an Implied Consent Law, which says by driving in the state, you are consenting to breath, urine or blood tests if you are lawfully arrested for allegedly driving under the influence. As of last year, refusing a urine test for a suspected DUI is a second-degree misdemeanor for a first-time refusal – punishable by up to 60 days in jail and a $500 fine – in addition to an automatic one-year driver’s license suspension, Meltzer said.

Woods was informed about the Florida Implied Consent Law but “still refused to provide the urine test,” according to the affidavit. He was told he could change his mind at any point during his time at the jail but never did, the affidavit said.

Next, Woods can apply for a waiver hearing and get what’s called a hardship license by enrolling in DUI school. If granted, he would receive a Business Purpose Only license to perform only necessary duties, Meltzer said.

Woods’ refusal to submit a urine sample could harm him if the state goes forward with the charges against him, Meltzer said.

“The refusal is indicative of guilt,” he said. “They can use it as evidence of guilt.”

However, because Woods did not consent to a urine test, if there is no other evidence he was driving while impaired on a specific drug, the district attorney’s office may have a difficult time proving the DUI case, Meltzer said.

“Can they go forward without having any evidence of what the substance is? Meaning, they have no alcohol, and then technically they have no drug.”

If the state decides not to proceed with the DUI charge, Woods might be offered a deal to plead guilty to the refusal charge, which doesn’t carry as many penalties as the DUI charge, Meltzer said.

What charges has Tiger Woods faced in past crashes?

In November 2009, Woods pulled out of his driveway near Orlando early one morning and struck a fire hydrant, then a tree. He told Florida State Police the crash was his own fault and he was cited for careless driving.

Woods pleaded guilty to reckless driving in 2017 after he was arrested in Florida on Memorial Day under suspicion of driving under the influence. Police had discovered him stopped on the side of the road with his car still running.

Woods stated he had an “unexpected reaction to prescribed medications” for back pain and a sleep disorder, rather than a reaction to alcohol. His 12-month probation was contingent on completing recommended treatment, including DUI school, 50 hours of community service and random drug and alcohol testing.

During that arrest, he complied with a breath and urine test, but nothing from that case will be admissible in this one, Meltzer said.

“This case would be tried in a vacuum,” the lawyer said.

He added, however, that the previous arrest could play a role in sentencing if Woods were found guilty during a trial.

“The judge could then refer back to his previous accusation, because he was in fact arrested for driving under the influence, but ultimately pled down to reckless driving,” Meltzer said. “It’s a factor at sentencing for purposes of the judge rendering an appropriate sentence.”

The 2021 rollover crash that seriously injured Woods outside Los Angeles was ruled an accident and investigators did not pursue charges against him. “This remains an accident. An accident is not a crime. They do happen, unfortunately,” Alex Villanueva, who was the sheriff of Los Angeles County, said at the time.

Is Woods likely to see jail time?

Meltzer stressed Woods is innocent until proven guilty, like any other defendant.

Based on his experience and the evidence available so far, however, Meltzer said he does not believe Woods will see jail time in this case.

Woods would also be treated like any other defendant if the case were to go to trial, Meltzer added.

“I don’t think they would alter the manner in which they prosecute based on who a person is,” Meltzer said. “I think they will treat him like John Smith, like any other citizen, and do what is legally required of him and what they are ethically permitted and able to do,” Meltzer said.

Woods’ next court hearing is May 5.

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