Police: Phelps' eyes, speech affected at DUI stop

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Police: Phelps' eyes, speech affected at DUI stop
Michael Phelps showed up to a Baltimore court Friday morning where he pled guilty to driving under the influence. Phelps was given a one-year suspended sentence and 18 months probation, meaning if he screws up in the next 18 months, he goes behind bars for a year. The Olympic hero arrived with his mom, sister and girlfriend, Miss California 2010 Nicole Johnson.
Olympic swimmer Michael Phelps walks into a courthouse for a trial on drunken driving and other charges, Friday, Dec. 19, 2014, in Baltimore. Documents show that the 29-year-old was leaving Baltimore's Horseshoe Casino Sept. 30 when he was pulled over for speeding and crossing the double yellow line on a highway. Police say Phelps registered a .14 per cent on a blood-alcohol test. The legal limit to drive is .08 per cent in Maryland. (AP Photo/Patrick Semansky)
Olympic swimmer Michael Phelps walks into a courthouse for a trial on drunken driving and other charges, Friday, Dec. 19, 2014, in Baltimore. Documents show that the 29-year-old was leaving Baltimore's Horseshoe Casino Sept. 30 when he was pulled over for speeding and crossing the double yellow line on a highway. Police say Phelps registered a .14 per cent on a blood-alcohol test. The legal limit to drive is .08 per cent in Maryland. (AP Photo/Patrick Semansky)
United States swimmer Michael Phelps dives off of the starting block during the men's 400-meter individual medley event during the 2012 Summer Olympics at the Aquatics Centre in London on Saturday, July 28, 2012, in London. (AP Photo/Al Bello, Pool)
FILE - This Oct. 23, 2011 file photo shows U.S. swimmer Michael Phelps competing in the men's 100m butterfly heat at the FINA short course swimming World Cup in Berlin, Germany. After winning a record eight gold medals in Beijing, the 26-year-old American is back for his final big splash before retirement. (AP Photo/Michael Sohn, File)
US swimmer Michael Phelps prepares for a Men's 100 Meter Individual Medley heat at the Fina short course swimming World Cup in Berlin, Germany, Saturday, Oct. 22, 2011. (AP Photo/Michael Sohn)
U.S. swimmer Michael Phelps pauses after swimming 50 meters during an event of Special Olympics in Shanghai, China, Monday, Aug. 1, 2011. Phelps was appointed as a Special Olympics Global Ambassador. (AP Photo/Eugene Hoshiko)
Michael Phelps of the U.S. spits water out after his men's 100m butterfly final at the Pan Pacific swimming championships in Gold Coast, Australia, Saturday, Aug. 23, 2014.(AP Photo/Rick Rycroft)
IRVINE, CA - AUGUST 06: Michael Phelps reacts after his seventh place finish in the Men's 100 Meter Freestyle Final during the 2014 Phillips 66 National Championships at the Woollett Aquatic Center on August 6, 2014 in Irvine, California. (Photo by Harry How/Getty Images)
The past few days have been extremely difficult.
I recognize that this is not my first lapse in judgment, and I am extremely disappointed with myself.
I’m going to take some time away to attend a program that will provide the help I need to better understand myself.
Swimming is a major part of my life, but right now I need to focus my attention on me as an individual,
and do the necessary work to learn from this experience and make better decisions in the future.
Former Olympic swimmer Michael Phelps looks on during a Baltimore Orioles baseball spring training workout Thursday, Feb. 21, 2013, in Sarasota, Fla. Phelps, a native of Baltimore who was in the area filming his Golf Channel show The Haney Project, took batting practice with the team. (AP Photo/Charlie Neibergall)
Former U.S. Olympic swimmer Michael Phelps stands in the pool as he watches kids train at the Rocinha slum sports complexin Rio de Janeiro, Brazil, Monday, March 11, 2013. Phelps is in Rio to attend The Laureus World Sports Awards ceremony. (AP Photo/Felipe Dana)
U.S. swimmer Michael Phelps poses for photos on the red carpet upon his arrival to the Laureus World Sports Awards in Rio de Janeiro, Brazil, Monday, March 11, 2013. Phelps is one of the nominees for Laureus World Sportsman of the Year. (AP Photo/Felipe Dana)
U.S. swimmer Michael Phelps holds up his Laureus Academy Exceptional Achievement trophy as he poses for pictures during the Laureus World Sports Awards in Rio de Janeiro, Brazil, Monday, March 11, 2013. (AP Photo/Felipe Dana)
IMAGE DISTRIBUTED FOR SUBWAY RESTAURANTS - Former U.S. Olympic Swimmer Michael Phelps, right, and Brazilian soccer legend Pele, left, eat sandwiches at a SUBWAY restaurant, during a event organized by SUBWAY, on Wednesday, Dec. 4, 2013 in Sao Paulo, Brazil. (Photo by Nelson Antoine/Invision for SUBWAY Restaurants/AP Images)
Former U.S. Olympic Swimmer Michael Phelps, right, and Brazilian soccer legend Pele answer questions in a press conference at a SUBWAY restaurant, during a event organized by SUBWAY, on Wednesday, Dec. 4, 2013 in Sao Paulo, Brazil. (Photo by Nelson Antoine/Invision for SUBWAY Restaurants/AP Images)
Former Olympic swimmer Michael Phelps waits to hit in the batting cage during a Baltimore Orioles baseball spring training workout Thursday, Feb. 21, 2013, in Sarasota, Fla. Phelps, a native of Baltimore who was in the area filming his Golf Channel show The Haney Project, took batting practice with the team. (AP Photo/Charlie Neibergall)
Former Olympic swimmer Michael Phelps hits in the batting cage during a Baltimore Orioles baseball spring training workout Thursday, Feb. 21, 2013, in Sarasota, Fla. Phelps, a native of Baltimore who was in the area filming his Golf Channel show The Haney Project, took batting practice with the team. (AP Photo/Charlie Neibergall)
Baltimore Ravens linebacker Ray Lewis, left, and Olympic swimmer Michael Phelps react as members of the Ravens take the field before an NFL football game against the Cincinnati Bengals in Baltimore, Monday, Sept. 10, 2012. (AP Photo/Patrick Semansky)
Baltimore Ravens linebacker Ray Lewis, left, and Olympic swimmer Michael Phelps hug before an NFL football game against the Cincinnati Bengals in Baltimore, Monday, Sept. 10, 2012. The Ravens won 44-13. (AP Photo/Nick Wass)
Chad Le Ros, Michael Phelps, Natalie Coughlin poses at OMEGA House presents Olympic Swimmers Attend at OMEGA House on Tuesday August 07, 2012 in London. (Photo by Jon Furniss/Invision/AP)
Michael Phelps, Natalie Coughlin poses at OMEGA House presents Olympic Swimmers Attend at OMEGA House on Tuesday August 07, 2012 in London. (Photo by Jon Furniss/Invision/AP)
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BALTIMORE (AP) -- Olympic swimmer Michael Phelps registered .14 percent on a blood-alcohol test after he was stopped on a speeding violation, according to charging documents released Wednesday.

The legal limit for intoxication in Maryland is .08.

Phelps, 29, was charged Tuesday with driving under the influence, excessive speed and crossing double lane lines in the Fort McHenry Tunnel on Interstate 95 in his native Baltimore, according to the Maryland Transportation Authority Police. His trial is scheduled for Nov. 19.

The statement of probable cause also states that Phelps' eyes were red, bloodshot, and "his speech was mush mouth."

An officer administered field sobriety tests to Phelps, according to the statement. Asked to do a one-leg stand, the statement says, "the operator stated `that's not happening.'"

The arresting officer wrote that after he placed Phelps in custody, the swimmer appeared "disoriented, argumentative."

An officer stopped Phelps, who was driving 84 miles per hour in a 45-mph zone, at roughly 1:40 a.m. on Tuesday after the Olympian cleared the tunnel toll plaza, according to charging documents. The officer also observed Phelps drift out of his lane while driving toward the tunnel.

According to the documents the officer smelled alcohol in the car, and when he asked Phelps how much he'd had to drink, the swimmer said "3 or 4 drinks," adding that his last drink was two hours prior and that he drank a glass of water before leaving the Horseshoe Casino in downtown Baltimore.

When the officer asked Phelps to get out of the car, the officer said he smelled alcohol on Phelps breath, and administered three field sobriety tests, including a walk and turn test. Phelps "broke heel to toe stance" several times throughout the examination and at one point began counting out loud. Phelps completed the test "while having difficulty with his balance while walking," the officer wrote.

Michael Phelps' Neighbor: 'I Know He's Upset' at DUI

Phelps was placed under arrest after initially refusing to take the one leg stand test. Shortly afterward, the officer wrote, Phelps asked to take the test by the side of the road, but "appeared disoriented, argumentative and did not attempt the test."

He did, however, end up taking the one leg stand test at the transit police station, but was "swaying slightly and did not look at his elevated foot as instructed," the officer wrote.

This is Phelps' second time facing DUI charges. Phelps was arrested and charged with drunken driving as a 19-year-old, fresh out of his second Olympic games where he won six gold medals.

Phelps pleaded guilty to the charges, but as a young first-time offender Phelps avoided conviction. A Wicomico district court judge granted him probation before judgment, imposing 18 months' probation and a fine but waiving the conviction, which means Phelps faces the same penalties a first-time offender would.

If convicted of the latest charges, Phelps faces up to one year in jail, a $1,000 fine and the loss of his driver's license for six months. However, according to Baltimore-based attorney Andy Alperstein, who has represented other professional athletes facing DUI charges, if Phelps' sentencing is on or after Dec. 29, 2014 - exactly 10 years since his last sentencing - a judge could potentially grant Phelps probation before conviction for a second time.

Some attorneys say either way, Phelps is unlikely to serve any jail time.

"He's more likely to be eaten by a polar bear than go to jail for a year," said attorney Leonard Shapiro, a former prosecutor with the Baltimore County State's Attorney who specializes in drunken driving cases. "If incarcerated at all, it'll likely be for a weekend."

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