Why King County prosecutors have decided not to charge Seahawks’ Geno Smith in DUI case
Geno Smith had said for all of last year he wasn’t worried, that his case would take of itself.
It just did.
The King County Prosecutor’s Office has decided not to to charge the Seahawks quarterback with the DUI charge he’s been facing for a year and a half, stemming from a traffic stop in the Seattle suburbs in January 2022.
Prosecutor’s office deputy communications director Douglas Wagoner confirmed to The News Tribune Thursday the decision not to charge Smith.
“Based on the evidence in the investigation, the King County Prosecuting Attorney’s Office does not believe we can prove DUI or reckless driving beyond a reasonable doubt,” a statement from the prosecutor’s office said Thursday.
“Prosecutors can prove a DUI if a person’s blood-alcohol concentration was at .08 or higher. Mr. Smith’s blood-alcohol concentration was less than half that at .038.
“Prosecutors can also prove a DUI if a person’s THC concentration is 5 or higher on a blood test. Mr. Smith’s level was 2.6.”
The Washington State Patrol stopped Smith for allegedly driving 96 mph in a 60-mph zone in suburban Bellevue. WSP arrested the 31-year-old quarterback early on Jan. 10, 2022, for suspicion of driving under the influence. That was hours after he, then a backup to Russell Wilson, and the Seahawks returned from their win at Arizona that ended the 2021 season.
According to the WSP’s arrest report, a state trooper “detected a strong odor of intoxicants and observed the driver had bloodshot, watery eyes.” Smith told the trooper he had some wine earlier in the night but had stopped drinking 90 minutes before he was stopped.
Smith declined to take a preliminary breath test at the site of his arrest. A judge issued a search warrant to draw Smith’s blood. Smith was taken to a hospital where he reportedly became agitated before the blood draw, even with a Seahawks’ director of team security who had arrived in an attempt to calm Smith, according to the arrest report. The report stated restraints were needed to subdue Smith.
“While some statements made by Mr. Smith during the incident have been described in case materials as insulting or threatening, the State Patrol referral was specifically for DUI and no other alleged crimes,” the prosecutor’s office statement from Thursday said.
Smith was briefly jailed then released on $1,000 bail seven hours after his arrest.
When asked about the case in June 2022, Smith said: “Those things will be worked out, but I’m extremely confident in all of those things. Those things, they have a timeline, and they have to be worked out.
“But I don’t see anything, any problems.”
It took the State Patrol from the test on Jan. 10, 2022 until April 21, 2023, to provide the results of Smith’s blood test to the prosecutor’s office.
“It should be noted that Mr. Smith’s blood samples were in a refrigerator that failed at the Washington State Crime Lab,” the prosecutor’s office’s statement said. “Although there is no reasonable doubt to the accuracy of the results, there would likely be litigation related to the handling of his blood samples.”
Multiple King County senior deputy prosecutors reviewed the evidence before making the decision Thursday not to charge Smith.
Smith had a record-setting season in 2022 replacing Wilson. He broke three of Wilson’s single-season passing records in leading the Seahawks to the playoffs. He was selected to the Pro Bowl for the first time in his 10-year career, and made his first postseason start this past January.
The Seahawks re-signed him this offseason to a three-year contract that could be worth up to $105 million.
This story was originally published August 3, 2023 at 4:21 PM.
