Aldon Smith - cbssports

49ers LB Aldon Smith arrested for suspicion of DUI

By John Breech | CBSSports.com

September 20, 2013 1:29 pm ET

Aldon Smith was arrested for suspicion of DUI on Friday in San Jose. (USATSI)

San Francisco 49ers linebacker Aldon Smith is having some trouble staying out of trouble. The third-year linebacker was charged with DUI on Friday after being involved in a one-car accident around 7 a.m. PT near San Jose. Smith has also been charged with possession of marijuana, according to the Santa Clara County Sheriff's Office.
Smith blew a .15, according to the San Jose Mercury News. That's almost two times the legal limit of .08 in California. The one-vehicle accident occurred when Smith crashed into a tree. Pills were also found in Smith's vehicle, according to the Mercury News.
"At some point, they did a breath sample and it was over the limit," San Jose Police Sgt. Heather Randol confirmed, via CSNBayArea.com. "He was not injured, and it does not appear as if anybody else was in the vehicle with him. And there were no other involved vehicles or reported injuries."

Aldon Smith's mugshot. (SJPD)

Smith is out on bail and no longer in jail, according to the Sacramento Bee. Smith's bail was set at $5,250.
After practice on Friday, 49ers coach Jim Harbaugh pretty much said that Smith will be playing against the Colts on Sunday, "I expect Aldon to be back at work and play on Sunday," Harbaugh said.
This is Smith's second DUI arrest since the 49ers selected him seventh overall in the 2011 NFL Draft. Smith was also arrested for DUI in January 2012 after an incident in Miami Beach. The charges in that DUI arrest were later reduced.
Those aren't all of Smith's troubles though. The 23-year-old linebacker is also facing two lawsuits stemming from a party he threw at his residence in June 2012. Smith was actually stabbed at the party, but the injury didn't turn out to be serious.
According to the Sacramento Bee, Smith's arrest is the fifth DUI-related arrest for the 49ers over the last two and a half years.