Chicago Bears fans may have heard that Donovan McNabb was accused of drunk driving. The former NFL quarterback was charged for DUI at the end of June when police stopped him in Gilbert, Arizona. On Nov. 6, McNabb was sentenced to 18 days in jail followed by 72 days on house arrest. McNabb will serve his jail time in Arizona and participate in a daytime work release program. He was also ordered to pay a fine and complete some community service hours.
According to a report from TMZ Sports, McNabb had a blood-alcohol content of .17 percent when he was stopped for suspected drunk driving. It is unclear what type of sobriety test McNabb was given, though most suspected drunk drivers are given a breath or blood test.
The incident in June was McNabb’s second DUI in Arizona. McNabb was stopped in a different part of the state in December 2013 for allegedly driving over the speed limit. He was handed a DUI charge for the first incident and sentenced to one day behind bars.
When police pull a person over for suspected drunk driving, they may ask the driver to perform a field sobriety test and submit to a breath test. Both of these tests can be faulty and sometimes result in false charges. A criminal defense attorney may be able to help a defendant in a DUI case to argue that a false positive was registered in a test due to a medical condition. An attorney may also explain that the defendant’s result on a breath test is not significant because it is within the margin of error.
Source: Deadspin, “Donovan McNabb Sentenced To 18 Days In Jail For DUI,” Patrick Redford, Nov. 7, 2015