Brandon Lee Frye, former offensive tackle for the Miami Dolphins former left tackle for the Seattle Seahawks was reportedly arrested around 1:45 a.m. on Saturday by South Carolina Highway Patrol in Conway, S.C. and charged with DUI in Horry Country. Frye reportedly refused a breath test prior to his arrest.

The 28-year-old, t-foot-4, 204-pound Resident of Myrtle Beach was released on bond on Saturday and has a hearing scheduled for the morning of July 25.Sources did not provide any specific details leading up to the arrest.

Breath tests can provide strong evidence of DUI in some cases, but they can also provide defendants a key opportunity to challenge a charge. In each case, police procedure, breathalyzer accuracy, maintenance and calibration are all bases on which a DUI charge can be challenged.

A common question is whether refusing a breath test can be used against a defendant in the court of law. While a refusal is often used as evidence that a defendant was aware of their guilt of DUI, such a conclusion is unwarranted in many cases. Sources did not indicate why Frye refused a breath test, but it shouldn't automatically be assumed that he did so because he was guilty of DUI.

Brandon Frye played tight end at Myrtle Beach High School and attended Virginia Tech, playing for the Hokies during his time there. In 2007, he was selected in the fifth round of the NFL draft by the Houston Texans. He was later signed by the Miami Dolphins and played only seven games before being cut at the beginning of the 2009 season. After that, the Seattle Seahawks signed Frye as a third-string left tackle. Frye, who has only played four games with the Seattle Seahawks, last played for in 2009.

Source: Charlotte Observer, "Ex-NFL player charged with DUI near SC beach," Brad Dickerson, 19 June 2011.