DUI charges are always a big risk for college level student athletes. Unfortunately, University of Florida defensive end Carlos Dunlap made a really big mistake at a really bad time. With the Southeastern Conference Championship game against Alabama looming in just days, a police officer found the 20-year-old Dunlap asleep at the wheel at 3:25 early Tuesday, December 1st, 2009 while he was searching for a reported reckless driver in the area. The defensive MVP of the Bowl Championship Series national title game had difficulty performing the field sobriety test and refused a breath test. He was arrested and released six hours later without bond, having no prior offenses or failures to appear in court.
Dunlap, who has started every game this season but will not play Saturday, was apparently drinking under age, a common college campus occurrence, like it or not. He then chose to get behind the wheel of a car. He is yet another example of what not to do, as if any further examples were needed. A poor decision can be made by a "good kid" from a "good family," or by someone who has lacked the guidance and role models around him or her - the risks are the same in either case. The consequences of his actions are severe for his athletic career, but he is lucky he (and perhaps his team) is the only one paying for his mistake, as thankfully there was no collision and no one was hurt.
In New Jersey, DUI convictions carry heavy mandatory penalties including loss of license for a minimum of 3-12 months, prison for up to 30 days, fines and fees of up to $3,800.00 as well as 12-48 hours of community service. Failure to pay these fines could result in property liens and wage garnishment. If the driver is under 21 years of age, as Dunlap, there are additional fines, required participation in alcohol education and highway safety programs and more community service.
If you are arrested for DUI in New Jersey, you cannot refuse a breathalizer test like Dunlap did, because consenting to it is a condition of getting your drivers license. If you insist on refusing, you will lose your license, the police will detain you and bring you to a hospital where blood may be drawn.
If you have questions about New Jersey DUI law or how to handle these charges, the attorneys at Chamlin, Rosen, Uliano & Witherington can help.
