RADIO
All too often we hear about young NFL players making poor decisions in the offseason, and despite serious and sometimes tragic consequences (i.e. Henry Ruggs III), it never seems to get any better. This year, we saw Kansas City Chiefs wide receiver Rashee Rice flee the scene of an accident he caused when he was racing a Corvette and a Lamborghini at speeds that reached 119 mph. Now, we have Vikings wide receiver Jordan Addison, who was arrested on suspicion of Driving Under the Influence ("DUI") on July 12, 2024, and who has now been officially charged with DUI in the State of California.
Addison was also in the news last offseason when he was pulled over for going 140 mph in a 55 mph zone. He told officers that he was driving that fast because of an emergency with his dog, but due to my experience as a defense attorney, I can confidently say that he was probably lying. He eventually pled guilty to a misdemeanor speeding violation, had the reckless driving charge dismissed, and paid upward of $600 in fines. This time around, however, Addison does not have many excuses that will suffice as he was found asleep at the wheel inside of a Rolls Royce that was stopped in the middle of an offramp near the LAX airport.
After some investigation at the scene, Addison was arrested upon suspicion of DUI. The police report stated that Addison was found in a white Rolls Royce "blocking a lane of I-105 westbound to Sepulveda Boulevard northbound." The report also stated that he was found asleep behind the wheel. A few weeks later on August 5, 2024, Addison was charged with Driving Under the Influence of Alcohol and Driving Under the Influence with a Blood Alcohol Content ("BAC") of .08% or higher. The bad news is that this all but confirms that Addison was intoxicated due to the added charge of Driving Under the Influence of Alcohol with a BAC of .08% or higher. Prosecutors would need an accurate BAC reading to have probable cause to charge him under this statute. Let's break down some more details below and how it could affect his 2024 season.
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The Charges
The Vikings sophomore was charged with the following:
California Vehicle Code 23152(a) - It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
California Vehicle Code 23152(b) - It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
The first charge is a DUI catch-all because it hinges not on the driver's BAC, but on their ability to operate the vehicle. This means that a driver can be convicted of DUI even if the alcohol test results are 0.08% or lower.
Conviction of a DUI with a legal BAC is usually due to a failed field test (walking a straight line, standing on one foot, etc.) or strong circumstantial evidence of impairment such as swerving on the road, slurred speech, a strong odor of alcohol on the breath, and most relevant here, being asleep behind the wheel.
The charge is a subjective standard as it relies solely on the officer's observations.
The second charge is specific to the driver's BAC and makes clear that the state has the BAC results and that it was not within the legal limit. This is an objective standard as the only requirement for this charge is a BAC reading over .08%.
We still have not seen a report as to the exact BAC reading for Addison, but we know it was at least higher than .08%. Despite both charges, when it comes to plea bargaining or conviction of these offenses, they merge and are treated as one singular DUI offense.
Relevant Facts
When it comes to charging for a DUI, there are two main elements that the state must prove to get a conviction: 1) the defendant was operating the vehicle, and 2) the defendant was impaired at the time.
The proof of these elements also turns on state law as some states require proof of actual operation, whereas other states will accept circumstantial evidence of operation, or even proof of intent to operate the vehicle (such as being asleep in the car with the keys on you or in the ignition).
In the case of Addison, it is pretty clear that he was operating the vehicle as he was found asleep behind the wheel in the middle of an offramp. I am unable to come up with a scenario where he would be found like this and not be the operator of the vehicle.
I practice in New Jersey, and this would be more than enough to prove operation; however, I can't speak matter of factly as to California.
As to impairment, assuming the state has a BAC reading above .08%, that is all they need to prove impairment. Of course, there are ways to challenge the accuracy of the BAC reading and the police procedures, but for our purposes, we assume that the evidence they have is valid.
Additionally, being asleep in the middle of an offramp is strong circumstantial evidence of impairment. In short, assuming valid evidence, I'd say the state has enough to get a conviction for DUI, which will likely lead to Addison agreeing to a plea deal.
Potential Penalties
Critical to any penalties are Addison's driving history and the actual BAC reading that the prosecution has. First-time DUI offenses are treated much more leniently than second- and third-time offenses and rarely result in jail time.
As far I can tell, this would be Addison's first DUI, so he'd be facing a max penalty of 3-5 years probation, mandatory attendance at DUI educational classes for 3-9 months, six months license suspension with an interlock device installed for another six months after he gets his license back, and up to six months in jail (rare).
The BAC reading also weighs heavily on any potential penalties as a BAC reading of .15% or higher is an aggravating factor warranting increased penalties. Other aggravating factors that are not relevant to this case are the speed the vehicle was traveling, whether there was a minor in the car, whether there was an accident, and whether there were any injuries reported.
Will He Be Suspended?
The main question on everyone's mind is will Addison be suspended by the NFL for this incident? The answer, however, is two-fold as he will likely be suspended for three games, eventually, but it is highly unlikely that a suspension will be imposed this year.
Historically, the NFL usually waits for the courts to handle a matter before issuing any subsequent suspensions to the player. Currently, Addison's next court date is his arraignment on October 7, 2024. This will be where Addison pleads guilty, or more likely, not guilty, and the date strongly suggests that this matter will not be resolved this year.
The next question is why three games? The short answer is that the NFL has a new substance abuse policy that imposes a mandatory three-game suspension on first-time offenders if there are no aggravating circumstances.
Section 2.2, Violation of Law Involving Alcohol, reads "The Commissioner will review and may impose a fine, suspension, or other appropriate discipline if a Player is convicted of or admits to a violation of the law relating to the use of alcohol. Absent aggravating circumstances, discipline for a first offense will be a suspension without pay for three (3) regular or postseason games."
The specific language in this section is critical to any analysis of Addison's penalties as it is highly unlikely that the WR admits to driving under the influence of alcohol. Therefore, NFL discipline will only come if he is convicted of a violation of law relating to the use of alcohol.
This specific language also supports the position that the NFL will not impose any penalties until the courts have adjudicated the matter fully. It is certainly possible that Addison's attorneys can work out a plea deal that drops the DUI charge and has Addison plead guilty to reckless driving, in which case he would likely not be suspended at all.
The takeaway from all this is that while Addison could eventually be suspended for three games, the courts will likely not resolve this matter before the end of the year. Thus, any suspension by the NFL would not be imposed until next year.
Fantasy managers should not be concerned about Addison's availability heading into their drafts over the next couple of weeks; however, they should be concerned about his fantasy production catching passes from Sam Darnold all year.
Whether managers trust Addison or they don't is completely up to them; however, his recent charges for DUI should not factor into the equation this year.
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