STUART, Fla. — Tiger Woods' prescription drug records will be handed over to prosecutors following his March arrest on Jupiter Island on suspicion of driving under the influence, a judge ruled Tuesday morning.
Judge Darren Steele approved an agreement between Woods' defense attorney and prosecutors following a four-minute hearing in Martin County circuit court.
Prosecutors had issued a subpoena seeking copies of all prescription medication records for the legendary golfer at a Palm Beach pharmacy from the start of the year through the end of March.
Defense attorney Doug Duncan had previously argued that Woods has a constitutional right to privacy when it comes to his prescription medications, but he acknowledged during Tuesday's hearing that the right is not absolute and that prosecutors could make a compelling argument for why they were needed.
"I'm requesting that, as part of the order authorizing the issuance of the subpoena, that the order include that the records obtained by the state can be shared by their law enforcement people, their experts, share with me and no one else," Duncan said in court Tuesday. "If anybody wants to make a claim to view the records outside of the parties here, then they should do what the state has done, file a motion seeking to compel the ability to see that."
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Meanwhile, prosecutors agreed to Duncan's request for a protective order limiting the release of records only to prosecutors, law enforcement officers, state experts and Woods' defense team.
Bob Jarvis, a law professor at Nova Southeastern University who is not connected to the case, said the agreement and the judge's approval seems normal for DUI case, particularly one that involves drugs instead of alcohol. Florida law considers a driver with a blood-alcohol content of 0.08% or higher to be impaired, but there's no clear, measurable standard to determine impairment for other drugs. That means prosecutors will have to use field sobriety tests, officer testimony and other evidence to convince jurors beyond a reasonable doubt that Woods was impaired.
Jarvis said there's no indication so far that Woods is receiving special treatment, either more harsh or more lenient, because of his celebrity status.
"We don’t know if the prosecutor offered a plea, and a typical defendant would have taken the plea, and Tiger Woods decided not to take the plea," Jarvis said. "But other than that, I think that this is what would happen no matter who the defendant was."
Woods has pleaded not guilty to driving under the influence. A sheriff’s office report said deputies found two pain pills in his pocket, and he showed signs of impairment after his SUV clipped a truck's trailer and rolled onto its side.
Woods was traveling at high speeds on a beachside, residential road on Jupiter Island with a 30 mph speed limit when his Land Rover caused $5,000 in damage to the truck, according to an incident report. Woods agreed to a Breathalyzer test that showed no signs of alcohol, but refused a urine test, authorities said.
Woods has traveled outside of the United States to seek treatment at an inpatient treatment facility, according to court records.
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