Darren McFadden charged with resisting arrest and DWI after falling asleep at Whataburger drive-thru

Six months after being arrested after falling asleep at a Whataburger drive-thru, former NFL running back Darren McFadden has been officially given charges that could leave him in jail for up to two years.

Prosecutors are charging the 31-year-old with resisting arrest and DWI, according to TMZ Sports, both of which are Class A misdemeanors. McFadden’s court date is set for October.

The initial incident took place in McKinney, Texas, a northern suburb of Dallas, on Jan. 21 when employees notified police that a man was asleep in the drive-thru lane. McFadden allegedly resisted arrest when the police came, and TMZ reported that the driver and passenger windows of his GMC Yukon were smashed in.

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Darren McFadden through the years
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Darren McFadden through the years
This Monday, Jan. 21, 2019, booking photo released by Collin County Texas Sheriff's Office shows former NFL player Darren McFadden. McFadden has posted bond after authorities say he was arrested on a drunken-driving charge when he fell asleep in the drive-through lane at a fast-food restaurant in suburban Dallas. The 31-year-old was charged with driving while intoxicated after being found early Monday at a Whataburger in McKinney, Texas. The University of Arkansas standout spent seven seasons with the Oakland Raiders and three seasons with the Dallas Cowboys before retiring in 2017. (Collin County Sheriff's Office via AP)
Dallas Cowboys running back Darren McFadden (20) runs the ball as Oakland Raiders defensive lineman Denico Autry (96) gives chase in the first half of a preseason NFL football game, Saturday, Aug. 26, 2017, in Arlington, Texas. (AP Photo/Michael Ainsworth)
This is a 2017 photo of Darren McFadden of the Dallas Cowboys NFL football team. This image reflects the Dallas Cowboys active roster as of Monday, June 5, 2017 when this image was taken. (AP Photo)
This June 8, 2016 photo shows Dallas Cowboys running back Darren McFadden walking across the field during an NFL football training camp in Irving, Texas. McFadden's been out nearly three months after breaking an elbow in a household accident. Once he comes back, who knows how many carries there will be for him coming off his second career 1,000-yard season. (AP Photo/Tony Gutierrez)
Dallas Cowboys running back Darren McFadden, center, watches play between the Dallas Mavericks and the Oklahoma City Thunder in the first half of an NBA basketball game, Friday, Jan. 22, 2016, in Dallas. (AP Photo/Tony Gutierrez)
Dallas Cowboys' Darren McFadden (20) takes the handoff from quarterback Kellen Moore (17) in the first half of an NFL football game against the Washington Redskins on Sunday, Jan. 3, 2016, in Arlington, Texas. (AP Photo/Tim Sharp)
Dallas Cowboys running back Darren McFadden (20) sprints for a long run against the New York Jets in the second half of an NFL football game, Saturday, Dec. 19, 2015, in Arlington, Texas. (AP Photo/Brandon Wade)
FILE - In this Dec. 7, 2015, file photo, Dallas Cowboys running back Darren McFadden (20) celebrates his touchdown during the second half of an NFL football game against the Washington Redskins in Landover, Md. The Cowboys play the Green Bay Packers on Sunday in Green Bay, Wisc. (AP Photo/Alex Brandon, File)
FILE - In this Dec. 21, 2014, file photo, Oakland Raiders running back Darren McFadden carries the ball during an NFL football game in Oakland, Calif. The Dallas Cowboys and McFadden agreed on a contract Friday, March, 13, 2015, a day after DeMarco Murray bolted for NFC East rival Philadelphia on a big contract that Dallas owner Jerry Jones said he couldn't match because of the strain it would have put on the salary cap. (AP Photo/Marcio Jose Sanchez, File)
Oakland Raiders Darren McFadden, center, stretches as he participates along with teammates at a training session at Pennyhill Park, Bagshot, England, Thursday, Sept. 25, 2014. The Raiders will play the Miami Dolphins in an NFL football game at London's Wembley Stadium on Sunday Sept. 28.(AP Photo/Lefteris Pitarakis)
Oakland Raiders Darren McFadden plays football with children during an event at Guildford, England, Tuesday, Sept. 23, 2014. The Raiders will play the Miami Dolphins in an NFL football game at London's Wembley Stadium on Sunday Sept. 28. (AP Photo/Lefteris Pitarakis)
Oakland Raiders running back Darren McFadden (20) runs for a 7-yard touchdown past Pittsburgh Steelers strong safety Troy Polamalu (43) and defensive tackle Vance Walker (98) during the first quarter of an NFL football game in Oakland, Calif., Sunday, Oct. 27, 2013. (AP Photo/Marcio Jose Sanchez)
Pittsburgh Steelers safety Troy Polamalu (43) pursues Oakland Raiders running back Darren McFadden (20) on a first quarter run during an NFL football game in Pittsburgh, Sunday, Nov. 21, 2010. (AP Photo/Gene J. Puskar)
Oakland Raiders' first round draft pick Darren McFadden is introduced to the media at the team's headquarters in Alameda, Calif., Sunday, April 27, 2008. (AP Photo/Marcio Jose Sanchez)
** FILE ** In this April 26, 2008, file photo, Arkansas running back Michael Smith picks up yardage in the red-white football game in Fayetteville, Ark. Smith will have a chance to be the team's featured back, with the departures of Darren McFadden and Felix Jones. (AP Photo/April L. Brown)
Jake Long, left, talks with Darren McFadden during the NFL football draft Saturday, April 26, 2008, at Radio City Music Hall in New York. (AP Photo/Jason DeCrow)
Running back Darren McFadden, of Arkansas, runs the 40-yard dash at the NFL Combine in Indianapolis, Sunday, Feb. 24, 2008. McFadden had a time of 4.27 in the run. (AP Photo/Michael Conroy)
Arkansas tailback Darren McFadden (5) hangs his head as he walks off the field after losing to Missouri 38-7 in the Cotton Bowl college football game, Tuesday, Jan. 1, 2008, in Dallas. (AP Photo/Donna McWilliam)
** FILE ** Arkansas running back Darren McFadden (5) jumps over LSU safety Craig Steltz during the third overtime period of their college football game in Baton Rouge, La., Friday, Nov. 23, 2007. McFadden rushed for three touchdowns and threw for another to lift Arkansas to a 50-48 victory over the top-ranked Tigers on Friday. (AP Photo/Alex Brandon)
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Police have not released the exact results of a breathalyzer test, but the DWI charge reportedly is the higher count since his BAC was allegedly greater than or equal to .15. The legal limit to drive is .08.

McFadden retired in 2017 after playing one game for the Dallas Cowboys in his third season with the team. He played his first seven seasons for the Oakland Raiders, who selected him fourth overall in the 2008 NFL draft out of Arkansas.

Retirement has not been kind to McFadden. McFadden had to sue his former business manager in December 2017 for defrauding him out of a $237 million bitcoin investment.

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