Legal Lessons from Justin Timberlake's DUI

N*SYNC’s most famous graduate has just been slapped with a DUI, reminding us that even multimillionaires and superstars aren’t above the law. Last Tuesday morning, the world-famous singer was pulled over in Long Island, New York, after an officer witnessed him failing to keep in the right lane twice and failing to stop at a stop sign. And his celebrity status didn't do much to protect him — the police essentially told him, "Cry Me a River."

But we’re not here to dogpile on JT for his poor life decision. Instead, we can learn a lesson from his drunk driving incident by looking at how he acted, so you can know what to do if you’re in a similar situation.

Admitting You’ve Had Alcohol

It goes without saying that the main mistake with DUI charges is having drunk alcohol in the first place. While that seems obvious, keeping this critical element of the offense in mind can help you avoid actively incriminating yourself more than you need to. In Timberlake’s case, he was coming from the American Hotel in Sag Harbor, where he’d apparently had one martini. But when the police stopped him, the singer was forthcoming about his drinking, saying that he’d had “just a Martini.”

What did he do wrong? Well, it might not have been in his best interest to admit this. Your right to remain silent applies even in a DUI case. This is important to remember because police officers may try to ask questions to get statements out of you that would make it easier to arrest you. In Justin’s case, his statement about the martini could end up incriminating him. He probably should have involved his Fifth Amendment right and not spoken to the officer without his attorney present.

However, keep in mind that asserting your Miranda Rights does not mean being uncooperative with the cops. You don’t have to speak to them about what you were doing, but you do need to give them certain information such as your name. You also must do what they reasonably tell you, such as following instructions to get out of the car, etc.

It’s also in your best interest to remain polite. This means making it clear that you are not answering any questions directed at you due to your right to remain silent. You can say something like “I don’t want to answer that, officer” or “I would like to speak to my attorney before answering” or “I would like to exercise my right to remain silent.” Not answering with anything at all could risk coming off as disrespectful.

Recognize Probable Cause

Another thing to keep in mind is that police officers can’t just arrest you willy-nilly; they need to have a good reason under the law.

The Fourth Amendment protects against unreasonable searches and seizures, which include traffic stops. The “unreasonable” part of this amendment means that police will need to be able to cite a reason why they stopped or arrested you that meets a certain standard. You’ve probably heard of probable cause, but police don’t need that just to pull you over.

In most states, police need what’s called “reasonable suspicion” to pull over your car. The officer must have a specific reason to suspect you've been involved in criminal activity, but it doesn't have to rise to the level of probable cause. For example, a broken taillight or swerving on the road could be reasonable suspicion for a stop. Reasonable suspicion also allows them to ask you questions and conduct field sobriety tests.

Probable cause allows police to do more and is a higher standard than reasonable suspicion. Probable cause means the officer has reason to believe you have committed a crime or are in the process of committing a crime (such as drunk driving). Police need probable cause to do things like search a vehicle without the driver’s permission, arrest you, and impound your vehicle.

In Justin's case, the officer claimed that he had reasonable suspicion to stop the pop star because the officer observed him running stop signs and veering out of his lane twice. The officer later added that Timberlake had red, glassy eyes and alcohol on his breath, which could rise to the level of probable cause.

The tricky part in many states is when police set up a DUI checkpoint. Apart from about 12 states with laws against these, in most jurisdictions, you could conceivably run into this type of police checkpoint (also called a police roadblock). This is where police make all vehicles stop and may choose to check them randomly or to check all cars. There has to be a good reason in the name of traffic safety for police to set one of these up, such as an event, holiday, or a celebrity in town. DUI checkpoints allow officers to check cars and ask questions without even reasonable suspicion.

Should You Refuse the Breathalyzer?

When you obtain a driver's license, you implicitly consent to undergo field testing and chemical testing (including breathalyzers) to determine whether you have a driving impairment. Does that mean you have to take these tests? Technically, no, you don’t have to – but there will be consequences.

In Justin’s case, when the officer wanted to take the breathalyzer test, the singer refused. There’s no one-size-fits-all answer to whether or not you should say yes to the breathalyzer, especially because laws and consequences vary by state. In some states, “failing” the breathalyzer (a BAC reading of 0.08 or more) will result in the suspension of your driver’s license, typically for around 30 days.

Refusing to take the test at all comes with its own downsides. Your license may be suspended for much longer than 30 days – anywhere from 6 months to several years, depending on if you have a record of drunk driving. The officers are supposed to tell you what the consequences of refusing the breath test are in your particular jurisdiction. In New York, where Timberlake was pulled over, refusing to take a breathalyzer test brings an automatic six-month license suspension, with possibly a $500 fine on top of that.

Some states will provide alternatives to the breathalyzer. For example, in California, you can opt to take a blood test at the police station instead of the breathalyzer and still avoid charges for “refusing.” In some states, refusing a blood or urine test at the station after an arrest (when the police get a search warrant) is a crime, though refusing a roadside breathalyzer is not.

One thing to keep in mind is that refusing to take a breath test may have an impact on how easy or difficult it is to prove you were drunk later at your court date. Some experts think that without the results of a breathalyzer test, the prosecutor who brings the DUI charge against you will have a harder time proving that you were actually drunk. On the other hand, others believe that since the fact that you refused can be told to the jury, it could be interpreted as evidence that you were guilty.

Also, there are other ways to prove that you were drunk even without breath test results, and the standards of proof vary by state. You can check out FindLaw’s free legal resources on the elements of a DUI offense, defenses to drunk driving, and the court procedures involved.   

Know the Long-Term Consequences

Remember, a DUI isn’t a simple traffic violation — it’s a criminal offense. Consequences go beyond license suspension, fines, and future driving with an ignition interlock device. You can go to jail for a DUI, or often end up doing hours of community service or mandatory education.

What are the consequences going to be for Justin? Well, he seems to be continuing his tour plans, and hasn’t cancelled any shows as of yet. He apologized to his fellow tourmates for the incident. It’s not clear whether this smudge on the pop star’s reputation will impact his music or ticket sales. Even if JT gets off relatively easily, you should never assume you’ll have the same luck.

If you find yourself facing DUI charges, make sure you contact a local legal expert who can help you with the best strategy for your case and jurisdiction.

Related Resources:

• Not All DUIs Are Equal (FindLaw's Law and Daily Life)
• DUI Law: History and Overview (FindLaw's Learn About the Law)
• Can I Be Arrested for DUI After the Fact? (FindLaw's Law and Daily Life)