Former NFL Defensive Back, Richard Sherman, Arrested for Drunk Driving – What he could he have done different following his police car stop?   

Richard Sherman, the former NFL defensive back was recently arrested in King County, Washington, on a suspicion of drunk driving (DUI.)  State Police stopped Sherman who was allegedly traveling 79 MPH in a 60-MPH zone at about 2 a.m.  This speeding would have at least formed probable cause for the vehicle stop.  Following the stop, police allegedly detected the odor of alcohol but it unclear if police gave Sherman field sobriety test prior to arresting him.  Sherman, however, did admit to consuming alcohol despite having no obligation to make a statement to police. 

What pre-trial legal arguments are available to Richard Sherman? 

Sherman’s criminal defense lawyer should evaluate possible pre-trial motions which should focus on suppressing the evidence against him.  Remember that a motion to suppress will focus on the reasonable suspicion and or probable cause to stop a driver and or the reasonable suspicion and or probable cause to arrest the driver for drunk driving.  This is often the best way to fight a drunk driving charge before trial. 

Sherman was arrested after police stopped his vehicle for speeding.  This set of circumstances probably means that his attorney won’t be able to successfully argue a motion to suppress for lack of probable cause to stop him.  The speeding itself provides police with sufficient probable cause to stop a driver for suspicion of drunk driving (DUI).

What did Richard Sherman do wrong after police stopped his car and how did he make his defense weaker? 

Sherman allegedly refused the chemical test (breathalyzer) which was the wrong thing to do here.  Regardless of what happens, this chemical test refusal will result in an automatic license suspension.  Further he should not have made any statements about where he was going, where he had been or what he consumed that evening.  Statements will never help your criminal case and they will not help Sherman with this drunk driving charge. 

How could have Richard Sherman made his case better from a defense standpoint?

Sherman has a prior conviction for drunk driving and so he has at least some experience with the process.  Following the police stop he should have not made any statements to police.  He should have simply been cooperative and provide the troopers with his driver’s license, registration and proof of insurance.  This is all that is required following a drunk driving stop! 

How serious is this drunk driving charge?  Can he receive a criminal diversion program? 

At the minimum, Sherman faces a license suspension, fines and possibly jail if he is convicted of this drunk driving charge.  He will not qualify for any drunk driving diversion programs if they are available due to his prior conviction.  Sherman is also apparently on probation after he pled guilty in 2022 to two misdemeanor charges stemming from a drunken driving and domestic disturbance the year before.  This new arrest alone could lead to a probation violation.  The probation violation could lead to more probation or even jail.

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