Jason Kidd Refused Breathalyzer at Scene of DUI

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By Deanne Katz, Esq. on July 16, 2012 11:38 AM

Jason Kidd refused a breathalyzer test at the scene of a car accident early Sunday where police charged him with a DUI.

On Saturday night Kidd, who just signed as a free agent with the New York Knicks this month, had attended a benefit in East Hampton. Shortly after he left the party, Kidd crashed his Cadillac Escalade, according to TMZ.

Kidd was driving when his car left the road and hit a telephone pole, according to the police report. He hit the pole hard enough to snap it in half but luckily no other cars were involved.

He refused a breathalyzer at the scene and a chemical test later at a hospital but that doesn't mean police have no evidence against him.

Any kind of Blood-Alcohol Content test provides strong evidence of how much a person had to drink within the past few hours.

Failing a BAC test makes it significantly harder to challenge a DUI charge.

In most states you are permitted to refuse a BAC test but that can come with some kind of penalty. Because of "implied consent" laws, refusing a breathalyzer could mean an automatic license suspension.

Even if you refuse the test, police can rely on other factors to convict in a DUI case. In some states police can get a warrant to draw blood.

Kidd smelled of alcohol when police arrived at the scene and was unsteady on his feet, the police report said, Newsday reports. His eyes were bloodshot and watery and he didn't know what had happened in the accident despite the relatively minor injuries he suffered.

All of these observations by police can be used as evidence, along with any evidence of Kidd drinking at the event he attended.

This arrest could be bad news for the Knicks who just signed Kidd for a three-year contract as a point guard.

Jason Kidd's refusal to take a breathalyzer may help his case but it's far from a guarantee against conviction. Ultimately his best choice in this case was bringing in his attorney to do the legal heavy lifting.

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