DAYTON, Ohio -- Cincinnati Bengals defensive end Justin Smith was arrested early Tuesday and charged with drunken driving after he failed a breath test, the Montgomery County sheriff's department said.
Smith, 25, was stopped because his truck was weaving. He told
police he had five beers, the arrest report said, and he swayed
while trying to walk during a field sobriety test.
He had a blood alcohol level of 0.152, the report said, nearly
double the state's legal limit.
Smith told authorities at the county jail that he was
unemployed, Maj. Ed Copher said.
Smith, who faces a maximum of six months in jail and a $1,000 fine
for the misdemeanor, was released on bond. Typically, first-time
offenders are put on probation and ordered to attend an alcohol
He was scheduled for arraignment next Tuesday in Kettering
Smith was the Bengals' first-round pick -- the fourth overall --
in the 2001 draft. He set a team rookie record for sacks with 8.5
that year, but his total has declined in the last two years.
A message seeking comment was left for Smith's agent, Jim
Steiner. The Bengals did not immediately return a message. Bengals
players met with coaches Monday afternoon to review their 28-17
loss in Pittsburgh, then were off until Wednesday morning.
According to the police report, the deputy who pulled over Smith
said that he smelled alcohol and that Smith had bloodshot eyes and a
flushed face. Smith missed when he tried to touch his nose with his
index finger during the sobriety test, the report said.