Former USA Soccer Goalkeeper Hope Solo – How NOT to handle a Drunk Driving Police Stop

Our law firm represents individuals charged with drunk driving in Pennsylvania and New Jersey.  Unlike many criminal offenses, drunk driving is a charge that is very common to a wide variety of occupations and stations in life.  This charge affects individuals who have no prior criminal history and have often achieved a lot of succuss in their life, professionally and personally.  Recently, former United States Women’s National Soccer Goalkeeper, Hope Solo, plead guilty to driving while impaired (DWI) in North Carolina.  While our criminal defense law firm does not practice in North Carolina, this case presents a good opportunity to explain this very common criminal charge. 

How did she make her drunk driving case worse?

Solo pled guilty to DWI, four months after police found her unconscious behind the wheel of her vehicle with her 2-year-old twin children inside.  She was charged with DWI along with the misdemeanor charge of child abuse and resisting arrest.  This is an example where Ms. Solo made her drunk driving case worse when she did not cooperate with the arresting police officer.  Our law firm always advises clients not to consent to a search of the vehicle or their person, but to never refuse the chemical case or disrespect the officer in any way. 

Also, Solo choose to drive after drinking despite having her two children with her.  This created additional problems in the form of the additional charge of misdemeanor child abuse.  Like Pennsylvania, drunk driving is a misdemeanor charge; unlike New Jersey, where it is a traffic offense.  In exchange for her guilty plea, the prosecution agreed to withdraw the related child abuse and resisting arrest charges. Ms. Solo received a suspended sentence of 24-months, an active sentence of 30 days, but was given 30 days of jail credit for time that she spent in in-patient rehabilitation facility.  She was also ordered to pay $2500 in fines and $600 in fees.

Ms. Solo had an extremely high BAC of .24 and refused the chemical test (breathalyzer).  After she refused, police obtained a search warrant for a blood sample which determined her BAC.  The blood test also showed that Solo had THC in her system.  This is an example of how refusing the breathalyzer test made Solo’s case worse.  It is likely that she would have not received the resisting arrest charge had she consented to the breathalyzer.  Further, the prosecution would have likely not had this blood evidence had she not refused the chemical test. 

How could she be DUI if the car wasn’t actually moving and it was parked? 

Solo was found in a shopping center parking lot.  In North Carolina, like in Pennsylvania and New Jersey, a person is considered DUI/DWI if they are behind the wheel, the vehicle is running, even if the car isn’t actually moving or on a road or highway.

Did she have any possible pre-trial motions to get evidence suppressed for lack of probable cause? 

A motion to suppress is often the strongest defense tool in a drunk driving case.  Solo did not have any strong pre-trial motion (suppression) because pedestrians noticed her passed out behind the wheel, which caused them to alert police.  Her circumstances provided police with a reasonable suspicion to begin an investigation and their initial observations of her smelling of alcohol created probable cause to believe that she was intoxicated.   Probable cause allowed police to obtain a search warrant and obviously arrest her for suspicion of DUI.

Finally, Solo had an extremely high BAC, which is considered an aggravated factor in North Carolina.  A .24 in Pennsylvania and New Jersey would be considered the highest tier drunk driving charge and expose to someone to a mandatory minimum of 3-days of county incarceration in Pennsylvania and up to 30-days of county incarceration in New Jersey.  In addition, New Jersey would suspend a driving license for 7-months, where Pennsylvania would suspend it for 12 months.  In both situations, the person may be eligible for an interlock device.

Contact Our Criminal Defense and Drunk Driving (DUI/DWI) Lawyers in PA & NJ 

Please click here to contact our Philadelphia criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey,  Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas. 

 For more information on criminal strategies and defenses in New Jersey and Pennsylvania I encourage you to keep reading my blog.