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.
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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