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OLYMPICS
Michael Phelps

Michael Phelps receives suspended sentence in drunk driving case

Gary Mihoces
USA TODAY Sports
Olympic swimmer Michael Phelps walks into a courthouse for a trial on drunken driving and other charges, Friday, Dec. 19, 2014, in Baltimore. Documents show that the 29-year-old was leaving Baltimore's Horseshoe Casino Sept. 30 when he was pulled over for speeding and crossing the double yellow line on a highway. Police say Phelps registered a .14 per cent on a blood-alcohol test. The legal limit to drive is .08 per cent in Maryland.

BALTIMORE — Though he didn't send him to jail, a judge said Olympic swimming star Michael Phelps is "powerless over alcohol" and ordered him to abstain from it entirely during his 18 months of supervised probation after pleading guilty Friday to driving under the influence.

Phelps' attorney said the 29-year-old winner of 18 Olympic gold medals is already benefiting from treatment programs that will continue – and that Phelps hopes to swim in his fifth Olympics in 2016.

"I'm finding out a lot about myself, and for this day I'm happy to be moving forward, and I'll continue to grow from this and continue to be on my path to recovery," Phelps said outside the Baltimore City District Court.

He was supported in the courtroom by his mother, Debbie, and by his friend and former Baltimore Ravens linebacker Ray Lewis.

"The next couple of years are going to be very challenging. I'm very pleased and happy that I have the great support that I have around me," said Phelps.

Phelps was arrested Sept. 30 outside the Fort McHenry Tunnel in Baltimore.

Police said he was clocked at 84 miles per hour in a 45-miles per hour zone.

He was charged with driving under the influence, crossing double lines and speeding. With his guilty plea to driving under the influence, prosecutors said the other two charges would not be pursued.

In court Friday, the prosecution said Phelps' blood alcohol level following his arrest was .14. The Maryland legal limit is .08.

Though he sentenced Phelps to the maximum one-year in prison under the law, Judge Nathan Braverman suspended that in favor of probation, which will include random alcohol and drug testing.

Phelps' attorney, Steve Allen, said Phelps already had completed a 45-day treatment program in Arizona and that he's now in an after-care program with a provider in Towson, Md.

Allen said Phelps would participate in Alcoholics Anonymous. The judge ordered him to attend at least one such support session per week.

Friday night, Phelps tweeted the following statement: "The past three months of my life have been some of the hardest times I've ever gone through, and the biggest learning experience that I have ever had. As I hoped, I learned a lot about myself during my time away and now have the tools to continue to learn and grow from all of this. What I did was wrong and I will share my experience with others and hope that I can help make a difference. I know I still have work to do but I have great support around me and look forward to a brighter future. I am back in the pool training and have set new goals for myself in and out of swimming for 2015 and beyond."

During the proceeding, Allen told the judge that "Michael Phelps gets it. He gets what he did."

In 2004, Phelps, 19, was arrested for alleged drunk driving in Maryland. He pleaded guilty to a reduced charge of driving while impaired and received 18 months of probation. The more serious Maryland charge, driving under the influence of alcohol, was dropped.

"You've made a great start in your road to recovery, but as with your career this is not going to be a success overnight," the judge told Phelps Friday.

Does Allen agree with the judge that Phelps is "powerless" when it comes to drinking?

"It's really difficult to comment on that. I'm not an alcohol professional. He has gone through an intensive, 45-day alcohol treatment program, and he's in an intensive after care program to address those issues," said Allen.

What's different about this time and his last DUI arrest?

"I think that this has driven home, in a very meaningful way to him, what needs to be done," Allen said.

"And 10 years ago he did not participate in the type of rehabilitative programs that he is now. … I have the greatest degree of confidence this will not happen again."

Before Phelps came before him, the judge handled about 40 other cases Friday in what he called the "incarcerable offense dock'' – the court docket for cases that could result in jail time.

The judge handed out multiple other 18-month probation sentences with suspended prison terms before giving the same to Phelps.

"I don't intend to use your celebrity against you as you struggle with personal demons," said the judge.

After the September arrest, Phelps said he was suspended from competition by USA swimming for six months. He continues to train in Baltimore for the 2016 Olympics in Brazil,

"He will not be permitted to participate in the world championships in the summer of 2015, but he is working very hard his training," Allen said. " … He is an accomplished athlete, and we all hoping he'll have a very successful professional future – with a little bit of luck the Olympic Games in the future, with a little bit of luck more medals to be won."

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