Linebacker Dylan Donahue of the New York Jets faces a hearing on Aug. 9 in Billings, Mont., on his second DUI charge in the last year.
The Jets’ exhibition opener is scheduled for the following day against the Atlanta Falcons at MetLife Stadium in East Rutherford, N.J.
ESPN reported, via the Billings City Attorney, that Donahue is required to appear at that hearing.
Donahue’s attorney is expected to make two motions at the hearing, one asking for the results of a field sobriety test to be set aside due to “improper and unlawful seizure and arrest,” while the other argues evidence obtained from “all questions of drinking alcohol prior to a Miranda warning” should be suppressed.
Donahue was arrested on another drunk driving charge this year when he crashed into a bus while going the wrong way through the Lincoln Tunnel between New York City and New Jersey.
Donahue checked into a treatment facility after that arrest.