Apart from: (1) actually serving 24 days in jail; and (2) serving another 96 oF home confinement after that (which would cause him to miss most of the offseason program barring a work-release proviso), receiver Michael Floyd has another problem.
Based on the plain language of the substance-abuse policy, Floyd could be facing a suspension of more than two games.
“Absent aggravating circumstances, discipline for a first offense will be a suspension without pay for two (2) regular or postseason games,” the policy states. “If the Commissioner finds that there were aggravating circumstances, including but not limited to felonious conduct, extreme intoxication (BAC of .15% or more), property damage or serious injury or death to the Player or a third party, and/or if the Player has had prior drug or alcohol-related misconduct, increased discipline may be imposed.”
Floyd, who currently is under contract but was playing for the Cardinals when arrested, was arrested with a blood-alcohol concentration of 0.217 percent, which is greater than 0.15 percent. (It used to be regarded as a given when one number was obviously larger than another, but we live in interesting times.) That factor alone sets him up for an enhanced penalty.
There’s another aggravating factor, given that Floyd had three prior instances of alcohol-related misconduct at Notre Dame. Twice he was cited for underage consumption. Once he was arrested for DUI, with a BAC of 0.19 percent.
While all three incidents happened before Floyd entered the NFL, the policy contains no language excluding pre-NFL behavior. Given that college misconduct can be considered as to the potential enhancement of penalties for domestic abuse, the league arguably can consider both the high BAC and the fact that it was Floyd’s fourth alcohol incident -- and his second DUI with a BAC in excess of 0.15 percent.
With Floyd out of pocket (absent ankle bracelet) until June and with his NFL fate undecided, it’s likely that no one will seriously pursue him until there’s a final verdict from the Football People’s Court.