[Photo: Rich Storry/TGL]
Tiger Woods normally wouldn’t have to worry about jail time if found guilty of his Friday arrest, but a leading Florida criminal defence attorney says a previous charge increases his chances.
After crashing his Land Rover near his home in Jupiter Island, Florida, the 15-time major champion was arrested on suspicion of misdemeanour DUI with property damage and refusal to submit to a lawful urine test. That no one was hurt helped lessen the charges, but according to Andrew Metcalf, a defence attorney based in Indian River County, Florida, Woods’ 2017 arrest for reckless driving will still factor into his punishment.
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“Typically on a DUI, if there are no injuries, you’re probably not looking at a jail sentence,” said Metcalf, a past president of the Florida Association of Criminal Defense Lawyers. “But it’s certainly possible depending upon the judge and the state attorney because he does have a prior arrest, so it’s a little bit more serious than someone who’s never been in trouble before.”
None of the potential sentences would be “catastrophic,” Metcalf says. The statutory maximum for DUI in Florida is nine months, but the attorney didn’t think anything more than 30 days was likely, and even that would only be considered because of his history.
In 2017, Woods was arrested after officers found him asleep in his Mercedes, and prescription drugs and marijuana were later detected in his system. The golfer ultimately pleaded guilty to reckless driving and entered a diversion program, which meant probation and a small fine. Metcalf, who handles DUI cases, says that is a typical path for first-time offenders, but Woods can’t expect the same leniency this time.
“A prosecutor looking at the case would typically say, ‘Well, you know, this isn’t your first brush with DUI. The first case we gave you a diversion,” Metcalf said. “So they certainly would take it a bit more serious than someone who’s never had a DUI.”
Another contributing factor could be Woods’ 2021 crash outside of Los Angeles in which he rolled his SUV several times and sustained severe leg injuries. Even if Woods was never charged with a crime, Metcalf believes the incident will at least heighten the scrutiny of the prosecuting attorney. After that crash, Woods was not tested for drugs or alcohol because, according to then-Los Angeles County Sheriff Alex Villanueva, there was no probable cause to suspect impairment or obtain a warrant for blood work. He cited no odour of alcohol or signs of narcotics at the scene.
Following Friday’s accident, in which Woods tried to pass a truck hauling a pressure washer and ended up clipping the truck, the golfer was administered a breathalyser, where no alcohol was detected. But arresting officers said Woods displayed signs of impairment. Although he refused to be tested, Metcalf says the officers’ body-cam footage could bolster the prosecution’s case.
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“The prosecutor has that ammunition,” Metcalf says. “You can look at a jury and go, ‘Hey, we’ve all seen people who are under the influence. Take a look. What do you think?'”
As for the role of Woods’ celebrity status in his case, Metcalf believes it will certainly play a part, but perhaps not in the way Woods would hope.
“I’ve had the privilege of representing billionaires and you can say whatever you want, they’re handled in a different manner,” Metcalf said. “That’s just a reality. And I don’t mean that from an extent that it makes it easier. I mean, it can also make it much, much harder.”
