TMZ supplied it, Michael Floyd denied it, and now Floyd’s representatives are leaking some other version of it.
Ian Rapoport of NFL Media, conveying without comment or scrutiny leaks from Floyd’s lawyers and/or agents, reports that Floyd’s “flagged” alcohol test occurred between 5:30 and 6:30 a.m. ET on June 11, and that Floyd told court officials that the positive result arose from drinking Kombucha tea.
Kombucha tea is fermented and indeed contains alcohol. Which means that Floyd, who under the terms of his house arrest for extreme DUI can’t drink alcohol, shouldn’t have been drinking Kombucha tea.
In further proselytization of the Gospel According To Michael Floyd’s Lawyers And/Or Agents, Rapoport reporting/declaring that, as of June 11, “Michael Floyd had completed 91 of 96 days of home arrest. He is forbidden from alcohol. All tests were under the .08 legal limit.”
The fact that all tests were under the legal driving limit of 0.08 percent BAC is irrelevant. Floyd was prohibited from drinking any alcohol under the terms of his house arrest. He drank a form of alcohol, which means he violated the terms of his house arrest.
The fact that it happened on Day 91 of his house arrest doesn’t matter either, especially since Floyd presumably will continue to be on probation for some period of time after the conclusion of his house arrest, during which time he also will be banned from drinking alcohol.
Whether the court in Arizona gives him the benefit of the doubt is a separate issue. Prosecutors and judges routinely hear every size and shape of excuse from people who have violated the terms of house arrest or probation. Sometimes it works, sometimes it doesn’t; for Floyd, nothing leaked by his lawyers and/or agents will affect whether a prosecutor or a judge decides to give him another chance — or to put him behind bars for failing to stay on the right side of a clear, bright line for someone who was allowed to serve out a large portion of his extreme DUI sentence in the privacy and comfort of his own home.
The violation also potentially complicates Floyd’s still-looming suspension from the league office. He’ll miss at least two regular-season games because of the violation. Today’s developments could, in theory, push that number even higher — especially if the Kombucha defense is less effective than the Chewbacca defense.