In Minnesota, by obtaining a driver’s license, motorists agree to comply with police orders to take a breath test if they are pulled over when they obtain a driver’s license. Known as implied consent, this state law provides that a person can face criminal charges for simply refusing to take a roadside breath test for alcohol intoxication, even if they are actually sober.
Minnesota Vikings wide receiver Jerome Simpson is currently caught up in a drunk driving case that could have a wide range of legal consequences. According to reports, Simpson’s vehicle was stalled on the side of the road. A state trooper arrived at the scene to check out the stalled car and Simpson told the officer that he thought his car’s axle was broken. However, the officer suspected that the athlete was also intoxicated.
The police trooper asked Simpson to complete a battery of field sobriety tests, all of which he apparently failed. When asked to take a roadside breath test, Simpson complied. The results of this preliminary test showed that the athlete was over the legal limit. He was arrested and then brought to the local police precinct.
When prompted to take a second breath test at the police station, Simpson refused to do so. He said he made this decision based on a conversation with an attorney. Clearly, the issues surrounding chemical testing and implied consent are very complex. The important thing to know, however, is that misdemeanor charges can result from breath test refusal, which is something Simpson found out. In addition those charges, the football player is also being charged for driving while intoxicated.
Simpson might face additional trouble related to his criminal record. He pled guilty to felony drug charges in the past. Dealing with DWI charges can be very complex, especially given the wide range of complications the unique aspects of each case can create.
Source: CBS Minnesota, “Jerome Simpson Officially Charged With DWI,” Nov. 13, 2013