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February 17, 2011

NFL running back Bush charged with OWI

Details from court records released

JEFFERSONVILLE — Oakland Raiders running back Michael Bush was charged Wednesday with three counts of operating while intoxicated after being arrested early Saturday morning.

According to a probable-cause affidavit from Indiana State Police Trooper James Ferguson, Bush was stopped at 3:47 a.m. while driving northbound on U.S. 31 at Court Avenue in Jeffersonville. He was accused of driving 45 mph in a 35 mph zone.

Ferguson reported he smelled the odor of alcohol and observed Bush’s eyes were red, glassy and bloodshot. Bush submitted to a portable Breathalyzer test and blew a 0.11 percent blood alcohol content, according to the report.

Bush was transported to the Michael L. Becher Adult Corrections Complex where he also tested at 0.11 in a certified chemical test.

Larry Wilder, Bush’s attorney, said Bush was not “swerving, weaving or driving erratically.”

“He passed the two sobriety tests that measured his manual dexterity. He failed the test that measured the wiggle of his eyes [the gaze nystagmus test],” Wilder said.

He said Bush was considerate and respectful to the officers at the scene and in the jail.

“Michael made a mistake, and he has handled the situation with the same forthrightness and integrity that all of us who know him expect,” Wilder said. “He is prepared to deal with the consequences of his decision and accept full responsibility.”

He is charged with class A misdemeanor OWI endangering a person, class C misdemeanor OWI and class C misdemeanor OWI with more than 0.08 but less than 0.15 grams of alcohol in breath. He could likely only be convicted of one of those offenses.

A class A misdemeanor carries a possible sentence of up to one year in prison and a $5,000 fine, while a class C misdemeanor carries a maximum sentence of 60 days in jail and a $500 fine. No date has been set for the initial hearing.

Bush attended Male High School in Louisville and the University of Louisville. The first-team all Big East running back set a school record at U of L with 23 rushing touchdowns.

He missed almost his entire senior season for the Cardinals in 2006 and his first year with the Raiders after breaking his leg. He rushed for 655 yards and eight touchdowns last year.

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