Probation likely punishment for Phelps if found guilty of DUI, legal experts say

Olympic star's actions are a hot topic among his fans, young adults

By Lisa Goldberg, Laura Barnhardt and Sara Neufeld | Sun Staff

November 10, 2004

Olympic champion Michael Phelps would be a likely candidate for probation if he's found guilty of drunken driving, legal experts said yesterday.

But his age - Phelps, 19, is more than a year and a half shy of Maryland's legal drinking age - could come back to haunt him in front of a judge deciding whether to grant probation before judgment, a finding that would keep any conviction off his record, experts said.

And because underage drivers have an alcohol restriction on their licenses, they can temporarily lose their driving privileges even before going to trial, according to an official with the Maryland Motor Vehicle Administration.

Phelps' age is a "real bugaboo, whether you've got six gold medals or not," said Salisbury defense attorney Charles J. Jannace III.

"There is zero tolerance when it comes to people under 21 drinking and driving," he said.

Monday's news that police had arrested Phelps, whose Olympic feats in the swimming pool spawned celebrations, adoration and a parade through Towson, continued to generate responses yesterday around the state.

Phelps was charged with driving under the influence of alcohol after running a stop sign in Salisbury, police said.

Lawyers weighed in on possible punishments. An official with Mothers Against Drunk Driving urged parents to use Phelps' arrest to educate their children about the dangers of drinking and driving. And students near Phelps' Rodgers Forge home alternately expressed disappointment in -and forgiveness toward - their hometown hero.

"Everybody makes mistakes," said Corey Liberatore, 16, a junior at Towson High School, Phelps' alma mater. He said he believes the news coverage has been overblown.

County Executive James T. Smith Jr., who welcomed the swimmer home from the Olympics with an event dubbed the "Phelpstival," said he was happy to see the teen taking responsibility for his actions.

"As a former judge, I can tell you that good judgment comes from experience, and experience generally comes from bad judgment," said Smith, who sat on the Baltimore County Circuit Court bench for 16 years. "Michael has done some wonderful things in the past, and I'm sure he will do some wonderful things in the future."

And Phelps posted an apology to his family, friends and fans on his official Web site.

It said, in part: "My parents taught me that no matter how tough a situation is, you must take responsibility for your actions, and I will do that."

Swimmer's arrest

According to information provided by state police Monday, Phelps was stopped at 11:30 p.m. Thursday near the intersection of Route 13 and Bateman Street in Salisbury after a trooper saw the swimmer's 2005 Land Rover run a stop sign.

The trooper "observed signs" that led him to believe the driver may have been under the influence, according to police.

Phelps was arrested and charged with driving under the influence of alcohol, driving while impaired, violation of a license restriction and failure to obey a traffic control device.

Police said Phelps was "fully cooperative" and was released just after 1 a.m. Friday.

State police spokesman Maj. Greg Shipley refused requests yesterday to provide additional information on Phelps' arrest, including whether the teenager took a blood-alcohol test or what it might have registered.

WBAL-TV said, quoting an unnamed source, that Phelps recorded a blood-alcohol level of 0.08 - the legal limit for driving under the influence.