- The Washington Times - Wednesday, April 30, 2003

Washington Redskins defensive end Bruce Smith faces a potential fine but probably not a suspension following his arrest for driving under the influence early Sunday morning.
It was Smith's second DUI arrest. The first, in 1997, was dismissed in appeals court. Although multiple offenses can result in increasing penalties under NFL policy, the league does not appear to be weighing a suspension in this case.
"We're talking about [potential] fines here, not a suspension," a league source said yesterday.
The Redskins, for their part, will issue no punishment until the courts have heard Smith's case.
"We will watch and see what the courts determine, and discuss it after that," Redskins spokesman Karl Swanson said. "Right now he's been convicted of nothing."
Smith's lawyer, who also represented Smith in the 1997 case, believes he can get this case dismissed.
Norfolk, Va.-based Lawrence Cardon gave four arguments he will make for dismissal in a trial set for June4: Smith was not driving erratically, he was cooperative with police, he passed at least one of two field sobriety tests and he passed the blood-alcohol test.
"I wouldn't have been this confident the last time," Cardon said, referring to the 1997 case, "but we have a number of things going for us this time."
In 1997, Smith was convicted of refusing to take a blood-alcohol test, a civil charge in Virginia that results in the suspension of one's license for 12 months.
Smith's latest DUI arrest happened at 2:21a.m. Sunday, in Virginia Beach when he was pulled over for driving 61 mph in a 45-mph zone. Officer Holly McGuire believed Smith may have been under the influence of alcohol. She administered field sobriety tests and eventually a blood-alcohol test.
The police department wouldn't comment on the results of the tests, but Cardon said Smith passed at least one of the field tests and the blood-alcohol test. Cardon said he hadn't received the result of the second field test.
Smith, according to Cardon, registered 0.07 on the blood-alcohol test, which in this case was a breath test. Virginia doesn't consider someone intoxicated until a 0.08 blood-alcohol content, but state law allows for a DUI arrest even if the driver isn't legally drunk.
Virginia Beach police spokesman Mike Carey supported the claims that Smith was not driving erratically and that he appeared to be cooperative. Carey said Smith was released on a personal recognizance bond.
In 1997, Smith was arrested after being found asleep at a stop light with the car running. The officer reportedly had difficulty waking Smith up, and Smith reportedly failed a field sobriety test and refused to take a blood-alcohol test.
Cardon in that case provided evidence that Smith has sleep apnea, which causes restless sleep and leaves those suffering from it very fatigued. He also argued that Smith's four knee surgeries, to that point, prevented him from passing the field sobriety test.
Smith was playing for Buffalo at that time; in 2000, he signed with the Redskins. One of history's greatest pass-rushers, he ended last season three sacks shy of Reggie White's all-time record of 198.
An official announcement on Smith's future still hasn't been made, but earlier this offseason he gave strong indications he would play in 2003. Newly signed Regan Upshaw is slated to take over the starting right end job, but Redskins coach Steve Spurrier said Smith would have a chance to retain the post.
Notes Defensive tackle Michael Myers, who visited Washington last week, agreed to a one-year, $605,000 deal with Dallas, NFL sources said. The difference between the Cowboys' and Redskins' offers was $50,000, but against the cap it's a $130,000 spread. Also, Dallas included more than $200,000 of incentives and told Myers he could compete for a starting job. …
Fullback Bryan Johnson officially signed his one-year, $375,000 tender offer. He was the Redskins' last exclusive-rights player to do so.

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