On July 27, 2011, former NBA star and ESPN analyst, Jalen Rose, was sentenced to a 20 day jail sentence for drunk driving. Back in March of this year, Rose was arrested after he lost control of his Cadillac Escalade on an icy road in Oakland County, Michigan, and the investigating officer determined that he was intoxicated. Rose admitted to drinking six martinis after he failed at least one field sobriety test. Normally, each mixed drink such as a Martini will increase the Blood alcohol concentration (BAC) of an individual by approximately 0.02%. At the scene, Rose registered a 0.088% on a preliminary breath test. However, although preliminary breath screening tests can give an officer probable cause to make an arrest for DWI, the results of these tests are not admissible in Court.
Only a chemical test of a person’s breath, blood, urine, or saliva have the scientific validity to be considered legally admissible evidence of intoxication. Later, a hospital blood test showed Rose had a 0.12% blood alcohol level, which would correspond well with having six martinis (6 x 0.02%=0.12%). Under Michigan law, as in New York, 0.08% is considered legally intoxicated. In May, 2011, Rose pled guilty to DWI, a misdemeanor.
The judge sentenced Rose to the maximum 93-day sentence in jail, and one year of probation. However, the judge suspended 72 days of the sentence, and Rose received credit for the night he spent in jail after the accident. Rose, who is known for his charity work, and has no prior criminal record, apologized to the Court, saying that the experience had “humbled and humiliated” him. Nevertheless, Judge Kimberly Small gave him the maximum jail sentence, and noted that there were “serious consequences” for driving while intoxicated.
Rose will likely be released August 18, 2011, with a two day reduction of his sentence for time served. After his release, Rose, who lives in California, will commence his probationary term with a report by mail to his probation officer.
If Rose had been convicted of a New York DWI, he would be facing a 6 month revocation of his driver’s license, fines and surcharges of $900.00, the requirement to be screened and evaluated for alcohol/substance abuse, attendance at a Victim Impact Panel sponsored by MADD, attendance at the Department of Motor Vehicles Drinking Driver Program at the conclusion of the criminal case, and the requirement to install and maintain an ignition interlock device in his vehicle for one year.
Contact the Westchester County DWI attorneys at the White Plains, New York Law Office of Mark A. Siesel online or toll free at 914-224-3086 if you are charged with a DWI, a vehicular crime, or a traffic infraction for a free consultation to discuss your legal rights and options.