Justin Timberlake refused a breathalyzer test in the early morning hours of June 18 after failing to make a stop and failing to stay in his lane while driving down Madison Street in the Hamptons, according to police.
When pulled over by authorities, Timberlake “performed poorly on all standardized field sobriety tests,” the arresting officer stated in documents obtained by Fox News Digital.
Timberlake, 43, told the arresting officer he had one martini and was following some friends home, according to the documents. After being arrested and taken to a police station in nearby East Hampton, he refused a breath test, according to the court papers, which listed his occupation as “professional” and said he’s “self-employed.”
The *NSYNC member had “bloodshot and glossy” eyes, a “strong odor of an alcoholic beverage was emanating from his breath” and he was “unable to divide attention,” according to the complaint. The “Cry Me A River” singer also exhibited “slowed speech” and was “unsteady afoot.”
JUSTIN TIMBERLAKE ARRESTED, ACCUSED OF DRUNK DRIVING
Justin Timberlake’s mugshot was released by the Sag Harbor Police Department. (Sag Harbor Police Department)
Timberlake’s refusal of a breathalyzer test could “complicate” his legal proceedings, a legal expert told Fox News Digital.
“It’s not uncommon for individuals arrested on suspicion of DWI to refuse a breathalyzer test,” said Tray Gober, a Texas trial attorney who deals with DWI cases. “This decision can be motivated by various factors, including prior advice from legal counsel or a misunderstanding of the legal implications.”
“Typically, such refusal triggers an automatic suspension of a driver’s license under implied consent laws, which state that drivers implicitly consent to sobriety tests when they obtain their licenses,” he added. “Additionally, the refusal can be introduced in court as evidence of guilt, although the implications of this can vary significantly between jurisdictions and judges. The prosecution might argue that the refusal indicates the suspect’s awareness of their likely intoxication.”
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Justin Timberlake was charged with one count of driving while intoxicated. (Isabel Infantes/PA Images via Getty Images)
At one point, criminal defense lawyers would give blanket advice to refuse a breathalyzer, but many are now split.
“The wisdom of refusing a breathalyzer test depends on several factors, including the specific circumstances of the arrest and the legal strategy. Legally, it might benefit the suspect by not providing concrete evidence of intoxication, i.e., a BAC level,” Gober said. “However, it also carries significant risks such as statutory penalties and the potential for negative inferences by a jury or judge.”
“Traditionally, most criminal defense lawyers would give the blanket advice of refusing to take a breathalyzer test, but now the advice from criminal defense lawyers seems to be split on whether it is better to voluntarily submit or not,” he added.
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Justin Timberlake is currently on tour. (Kevin Mazur/Getty Images for Live Nation)
Another legal expert called Timberlake’s decision to allegedly refuse the test a “smart choice” made to “safeguard” his constitutional rights.
“Justin did the right thing in order to preserve his legal defense,” celebrity criminal defense lawyer Michael Huff told Fox News Digital. “When detained for suspicion of DUI, you should not submit to the breathalyzer nor the field sobriety standardized tests (FSTs). Doing so provides the investigator with evidence that s/he may not have otherwise. Thereafter, the investigator may seek a warrant to extract blood for examination of your blood alcohol content (BAC).”
“Notwithstanding, Justin’s defense counsel will have room to argue and present a full legal defense strategy based on other possible factors that may have caused his appearance of impairment,” the managing attorney of Huff Legal explained. “It is not certain he was driving while intoxicated just because he was pulled over.”
“His license may be temporarily suspended, however, but would be reinstated if the charges are dropped or reduced. Justin Timberlake made a smart choice to safeguard his constitutional rights to Due Process under the law.”
Justin Timberlake performs during his The Forget Tomorrow World Tour at Rogers Arena on April 29 in Vancouver, British Columbia, Canada. (Kevin Mazur/Getty Images for Live Nation)
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Timberlake was arraigned Tuesday morning in Sag Harbor on the eastern end of Long Island, the Suffolk County district attorney’s office told Fox News Digital.
“At this time, we have no further comment,” a spokesperson for the DA’s office told Fox News Digital.
Timberlake was charged with one count of driving while intoxicated along with citations for failure to keep right and failure to stop at a stop sign, the district attorney’s office confirmed to Fox News Digital. He is expected to appear virtually for his first court hearing in the matter on July 26.
Sag Harbor is a coastal village in the Hamptons, around 100 miles from New York City.
A spokesperson for Timberlake’s lawyer, Ed Burke, told Fox News Digital, “No comment from Mr. Burke at this time.”
Justin Timberlake is expected to appear virtually for a court hearing on July 26. (Matt Winkelmeyer/Getty Images for Children’s Hospital Los Angeles)
The Associated Press contributed to this report.