Seattle Seahawks quarterback Geno Smith is not being charged with a DUI stemming from an incident on Jan. 10, 2022, the King County Prosecuting Attorney’s Office said in a statement Thursday.
The King County Prosecuting Attorney’s Office said it does not believe it can prove reckless driving or driving under the influence (DUI) beyond a reasonable doubt.
“In considering the filing of charges, prosecutors must consider any reasonably foreseeable defense to be raised,” the statement said. “From the investigation material, prosecutors do not have evidence to rebut likely explanations for his bad driving. While we can show that Mr. Smith consumed alcohol and marijuana and that in general those two substances have a compounding effect, we do not have any evidence to show exactly what effect they had on Mr. Smith, and a reasonable doubt exists as to whether his ability to drive was affected by alcohol or marijuana.”
“It is not probable that a jury would find beyond a reasonable doubt that Mr. Smith was driving under the influence, and therefore prosecutors must decline to file a DUI charge,” the statement said.
The statement said that prosecutors can prove a DUI if a person’s blood-alcohol concentration was at .08 or higher, but Smith’s blood-alcohol concentration was “less than half that at .038.”
“Prosecutors can also prove a DUI if a person’s THC concentration is 5 or higher on a blood test. Mr. Smith’s level was 2.6,” the statement said.
Prosecutors also noted, “Mr. Smith’s blood samples were in a refrigerator that failed at the Washington State Crime Lab. Although, there is no reasonable doubt to the accuracy of the results, there would likely be litigation related to the handling of his blood samples.”
Smith played in all 17 games for the Seahawks last season, throwing 30 touchdown passes for 4,282 yards, both career highs, and leading Seattle to the NFC wild-card game.
(Photo: Ezra Shaw / Getty Images)