Pittsburgh Steelers wide receiver Hines Ward was arrested for driving under the influence of alcohol on Saturday July 9, 2011; after claiming to be at a bar in Atlanta. According to reports, Ward had bloodshot eyes, stumbled through the alphabet, couldn’t keep his balance, and emitted a strong odor of alcohol. He was given standard field sobriety tests that included the “one leg stand,” and the “walk and turn” tests.

Ward was initially noticed driving a 2009 Aston Martin when he swerved and struck a curb. Officers followed Ward and pulled him over upon noticing several lane changes without proper signal. Officer Robert Catalano, a Dekalb County police officer and also a member of the DUI task force noted that Ward was incoherent and described Ward as “inattentive and defensive” during questioning.

According to reports, Ward failed the administered field sobriety tests. Ward could not keep his balance, started before being instructed, missed heel to toe, stepped off the line, and conducted an improper turn during the walk and turn test. Unfortunately for Ward, the star wide receiver and reigning champion of “Dancing with the Stars” will not be able to use the ever-so-popular defense of being physically impaired and physically incapable of being able to perform the field sobriety tests. Further, Ward submitted to a portable breath test, which showed a reading of .128, more than 50% over the legal limit of .08, which would help explain how the former University of Georgia student was unable to recite the alphabet. An argument can certainly be made as to the accuracy of such portable breath tests, but more importantly, they are not admissible in court as evidence. Ward refused to take the breathalyzer which could result in a suspension of his driving privileges.

In Illinois, such a refusal on Ward’s part will result in an automatic 12 month suspension of his driving privileges, while complying with the officer’s request of performing the breathalyzer, and blowing above the legal limit of .08 will only result in a 6 month suspension of driving privileges. Officers frequently try to convince drivers into performing the breathalyzer by telling them of the shorter suspension. However, by encouraging the breathalyzer, the officer is only trying to make a stronger case for the prosecuting attorney against the defendant. The choice comes down to whether the individual wants a shorter suspension of driving privileges while providing the prosecution with incriminating evidence for the criminal charge, or whether the individual wants to take a longer suspension, but make it more difficult for the prosecution to prove its case without breathalyzer results. Obviously, if the driver has had nothing to drink, there is no harm in submitting to the breathalyzer. However, if the driver has consumed any amount of alcohol, the choice is a little more difficult, as it is impossible to predict the breathalyzer result.