American swimmer Michael Phelps competes during the men's 4 x 100m individual medley final in Gold Coast, Australia, on Aug. 24, 2014
Patrick Hamilton—AFP/Getty Images
By Maya Rhodan
October 1, 2014

Olympic swimmer Michael Phelps reportedly had a blood alcohol level nearly double the legal limit when he was pulled over by Maryland police on Tuesday. Phelps had a blood alcohol level of .14, the Baltimore Sun reports based on documents that paper obtained Wednesday. He was later arrested and charged with driving under the influence.

Phelps reportedly failed two roadside sobriety tests before completely giving up on the third. “That’s not happening,” the 29-year-old is said to have told an officer who asked him to try standing on one leg.

Tuesday’s incident was the 22-time Olympic medalist’s second DUI. In 2004, Phelps pleaded guilty to driving drunk and served 18 months probation. Phelps released an apology in a series of tweets on Tuesday, saying in part “I am deeply sorry to everyone I have let down.”

[Baltimore Sun]

Write to Maya Rhodan at maya.rhodan@time.com.

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