Tiger Woods could lose his driving privileges for up to a year and spend up to six months in jail if convicted following his rollover crash and arrest on a DUI charge, lawyers tell PEOPLE, as the golf legend sorts out his next steps and seeks treatment.
Five days after Woods’ arrest on March 27 near his home in Jupiter Island, Fla. on charges of driving under the influence with property damage and refusal to submit to a urine test, the 50-year-old, who was released on bond the day of his arrest, began the legal process. Woods pleaded not guilty to the charges on Tuesday, March 31, and requested a jury trial.
Now, Woods and his lawyer — attorney Douglas Duncan, who represented Woods in his 2017 DUI case — will have to argue that the five-time Masters winner did not violate the law when, authorities allege, he clipped a truck.
Charges against Woods
According to authorities, Woods had two hydrocodone pills — a powerful opioid used to treat pain — in his pocket and refused to take a urine test. Under a change to Florida law, refusing an officer’s request to take a blood, breath or urine test is a misdemeanor even for a first offense, according to three lawyers in the state who spoke to PEOPLE — none of whom are involved in Woods’ case.
Under the previous law, refusal was only prosecuted if a driver had refused to take a test during a prior incident. Authorities said Woods agreed to a Breathalyzer test that showed no signs of alcohol, but refused a urinalysis.
“A first-time refusal is classified as a second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine,” Tarlika Nunez-Navarro, a former Florida circuit court judge and the dean and professor of law at St. Thomas University in Miami Gardens, tells PEOPLE. “So, that makes it an automatic criminal penalty.”
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Tiger Woods with girlfriend Vanessa Trump on March 17.James Gilbert/TGL/TGL Golf via Getty
It also means that Woods’ license was suspended.
Nunez-Navarro has prosecuted or defended more than 150 DUI cases and, as a judge, criminally charged and sentenced hundreds of such cases. Both she and David Haenel, a former Florida state prosecutor who is now a Sarasota-based defense attorney specializing in DUI and traffic-related cases, say Woods has 10 days after his arrest to request a formal review to challenge the suspension of his license.
“He will have a right to what we call a formal review hearing to challenge the administrative suspension,” Haenel tells PEOPLE.
Woods’ health
Woods was traveling at high speeds on a beachside, residential road when his Range Rover allegedly clipped a truck that was hauling a pressure cleaner trailer, according to the Martin County Sheriff’s Office. His Range Rover rolled onto its side, and he climbed out from the passenger side window. The truck had $5,000 in damage, according to an incident report released by the sheriff’s office on March 31 and obtained by PEOPLE.
Neither Woods nor the truck driver were injured.
Woods performed field sobriety exercises at the scene as part of a criminal DUI investigation. During one exercise, Woods was allegedly limping and stumbling to the right, according to the report.
The report states Woods “appeared to have a leg injury,” had a compression sock over his right knee and when asked if he had any medical conditions, he responded that he had undergone seven back surgeries and over 20 leg operations and that his ankle seizes up while walking.
Woods has undergone dozens of surgeries, including repairs to his left knee, his Achilles tendons and his back, since the start of his career in the early 90s. Some of the most difficult fixes came after his 2021 car crash, which damaged his right leg so badly he said doctors considered amputation.
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Martin County Sheriff’s Department
At the scene of the accident on Friday, Woods had hiccups the entire time he was questioned, continuously moved his head from side to side during one of the sobriety tests and deputies had to instruct him several times to keep his head straight, the sheriff’s office alleges in the affidavit.
Nunez-Navarro and Haenel say the defense can challenge the case — and likely will — including whether Woods’ arrest was lawful and whether there is evidence to support the sheriff’s office’s claims that he showed signs of impairment.
“They can do that based on Tiger’s medical history, his surgeries, the fact that he just rolled his car over,” Nunez-Navarro says. “They can say that, essentially, he just rolled his car. He climbs out of his passenger window. He has all of these past injuries, that’s why he could not walk a straight line.”
If his detention is deemed unlawful, anything that he said or did during that time could be suppressed, the lawyers say.
After the incident, Woods was arrested and jailed for eight hours on suspicion of driving under the influence with property damage and refusal to submit to a urine test.
Possible penalties
There are minimum mandatory penalties for a DUI charge in Florida, Haenel tells PEOPLE.
“One of those penalties is 12 months of probation, enrollment in DUI school and 50 hours of community service,” Haenel says. “In addition, there’s a six month to one year loss of his license automatically and a fine of up to $1,000, which would have to be paid while on probation.”
Haenel says a DUI charge like Woods’ could lead to a jail sentence of up to six months, but the attorney doesn’t believe the golfer will face that much time. He adds that the punishment for refusing to submit to a lawful urinalysis test is more discretionary on the part of the prosecuting attorney.
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Woods was arrested in 2017 on a DUI charge in Jupiter after he was found asleep behind the wheel of his car while its engine was still running. He had multiple prescription drugs in his system, a toxicology report later revealed, though his Breathalyzer test was negative.
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Woods ultimately pleaded guilty to reckless driving, and agreed to enter a diversion program. He said at the time it was due to a reaction to multiple prescription drugs after he had four back surgeries between 2014 and 2017.
Haenel believes this will likely factor into Woods’ current case. “Even though it was not a prior DUI, it was a prior criminal offense in Florida,” Haenel says.
However, Bruce Udolf, a former federal prosecutor and criminal defense attorney in South Florida, tells PEOPLE he does not believe that plea should influence his current case.
“He didn’t plead guilty to nor was he convicted of DUI,” Udolf says. “He pled guilty to reckless driving.”
Martin County Sheriff John Budensiek said at a news conference Friday that Woods “did explain the injuries and the surgeries that he had” and that investigators took that into account before he was taken to the county jail. Udolf tells PEOPLE he believes that could factor into the trial.
“He suffers from legitimate pain issues, and the fact that it’s not recreational is — while not necessarily dispositive of these charges — it certainly is a compelling factor for the court to consider, and I think they should consider it,” Udolf adds.
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