Wait and see for Tatupu outcome

Wait and see for Tatupu outcome

On the morning of May 10, 2008, Seattle Seahawks linebacker Lofa Tatupu was arrested for investigation of DUI. According to the arresting officer, Tatupu was traveling at a high rate of speed along a city street in Kirkland at which point the officer turned and attempted to catch up to Tatupu's vehicle. Now, according to the police report the arresting officer indicated that he "visualized" Tatupu going in excess of 50 mph in a 35 mph zone because he was going faster than the other cars on the roadway.
 
Who's not to say the other vehicles were going slower than the posted speed limit?

The officer also indicates that he activated his emergency lights to catch up to the vehicle at over 60 mph, and when he finally did catch up to the vehicle, he turned them off and just followed Tatupu. It wasn't until after Tatupu made a few abrupt, and not so legal driving maneuvers by pulling into the McDonalds drive thru, the officer activated his lights and pulled him over. Without going into great boring details, here is the short of it.

Tatupu indicated he had nothing to drink, but his eyes were bloodshot and watery and he was slurring his speech. There was also a strong odor of intoxicants coming from Tatupu, and he failed the Field Sobriety Tests (FST) miserably. Obviously, he was arrested for probable cause even though he refused to take a preliminary (or portable) breath test (PBT) from the officer. The officer indicated as well, that he did not read Tatupu his Miranda Rights at the scene, but on the way to the jail, he realized this and pulled over to inform Tatupu of his Miranda Rights.

What does all this mean for Tatupu? Will he face jail time, a suspended license, fines, suspension from the NFL or Seahawks?

It is hard to say exactly, but in Washington State, a PBT is voluntary, not required. Just because Tatupu refused the PBT does not mean he loses his license automatically or is for sure guilty. The PBT only helps the officer establish probable cause for a DUI arrest in Washington.

In fact, the officer must provide these warnings before administering the preliminary breath test:

1. This breath test is voluntary;
2. It is not an alternative to an evidential breath alcohol test as described in chapter 448-13 WAC (Washington Administrative Code)

Tatupu took the evidentiary breath test at the jail, where he subsequently blew the .15 and .158, twice the legal limit in Washington State. As far as the Miranda Rights thing is concerned, officers do this more often than not. They will place a subject in custody, transport them to jail, and then read them their Miranda Rights. This does not automatically throw the case out. There is no doubt about it that Lofa Tatupu made a bad decision. Not only has he admitted this, but he also apologized for it. I'm sure there will be some consequence, punishment, fine, outcome, or end result when this is done, but we have to wait and see. In the mean time, one thing is certain, Lofa Tatupu is human and makes mistakes just as everyone else in the world does.

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