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NFL Linebacker Aldon Smith Arrested for DUI, Hit-and-Run

Posted by Steven Eversole | Aug 25, 2015 | 0 Comments

While there have been several articles in recent news about college football players who have been arrested for DUI, the National Football League (NFL) is certainly not immune to the problem. It seems there is more going on than inflated footballs and domestic violence allegations, according to a recent news article from AL.com.

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Authorities say San Francisco 49ers' linebacker Aldon Smith was recently arrested for DUI and hit-and-run. The alleged offense occurred in Santa Clara, California and police were not officially saying what happened. Following this alleged incident, the San Francisco 49ers released Smith, and the team issued a statement saying that, while Smith is no longer a part of their team, they offer their continued support and concern for his health and well-being.

Smith, who was well loved as a college athlete playing for Missouri, the number seven overall pick in the 2011 NFL draft, and a former NFL All-Pro selectee, will likely not be out-of-work for long. Despite his recent DUI trouble, at least three teams are interested in signing him, according to recent news reports.

This is not Smith's first problem with the law, as it has been reported Smith was arrested on three previous occasions and investigated for an additional offense, which did not result in an arrest.

In 2013, Smith was forced to miss time during the NFL season, as he was ordered to spend time in an inpatient rehabilitation facility in connection with a DUI arrest. That same year, Smith also pleaded guilty to several counts of possession of an assault weapon. That offense was said to have occurred during a party at Smith's home. The following year, Smith was again arrested when he was selected for a random screening at Los Angeles International Airport, and he allegedly told the TSA agent conducting the screening that he had a bomb. While this was resulted in an extensive investigation at the terminal that day, authorities decided not to file charges against Smith for these threats when they determined Smith did not actually have a destructive device.

Following his release from jail after his latest arrest, Smith made a statement that he was not driving drunk and said, while the situation could have been handled better, he was not driving under the influence. It is important to note that, despite these allegations, Smith is presumed innocent unless and until he is found guilty in a court of law.

As our Birmingham DUI defense attorneys can explain, it is important to understand being arrested for DUI does not mean you will automatically be convicted of the offense. The reason is an experienced DUI attorney can often do a great deal to help you avoid that outcome. In cases involving a refusal to blow into a breath testing instrument or a refusal to provide a blood or urine sample, prosecutors must rely on the officers' observations and the “results” of the standardized field sobriety tests (SFSTs).

The SFTSs are the three field sobriety tests that National Highway Traffic Safety Administration (NHTSA) has determined to be effective, but, as your experienced DUI defense attorneys can show you, they are far from scientific.

Additional Resources:
San Francisco 49ers LB Aldon Smith released following arrest on DUI, hit-and-run charges , August 7, 2015, AL.com, Creg Stephenson
More Blog Entries:
Driving Without a License After DUI–Risks and Consequences, Jan. 15, 2014, Birmingham Underage DUI Defense Lawyer Blog

About the Author

Steven Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama

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