A Scottsdale (Ariz.) judge ruled Michael Floyd violated his house arrest by testing positive for alcohol and ordered the Vikings wide receiver serve one more day in jail before finishing his final five days of home confinement, according to ESPN.com.
Floyd can serve the rest of his sentence in Arizona, ESPN Cardinals reporter Josh Weinfuss reported on Monday, June 26.
Scottsdale prosecutors planned to ask Judge Statia Hendrix to jail Floyd, who served 24 days in jail after being convicted of drunken-driving in February, for the the rest of his 120-day jail sentence for after he tested positive for alcohol this month.
"It appears he's in violation and he should be ordered to serve the rest of his jail time," city prosecutor Caron Close said before Monday's hearing. "The deal he made really gave him special considerations by letting him transfer out of state to continue his career."
Floyd was ordered to appear before Hendrix to explain how he violated house arrest by accidentally ingesting alcohol June 10-11.
The Vikings and Floyd's defense attorney urged Hendrix to reinstate electronic monitoring for the final five days of Floyd's 96-day home confinement.
The court allowed Floyd to transfer his house arrest to Minnesota in May after the Vikings signed him to a $1.4 million non-guaranteed contract.
Floyd also was allowed to remove the ankle bracelet monitoring his whereabouts so he could practice with the Vikings during offseason minicamps.
"Special considerations were given to him - and now this," said Close. "We think he should be held accountable."
The Vikings defended their new wide receiver in court documents.
Kevin Warren, the team's chief operating officer, corroborates Floyd's claim that he was unaware kombucha tea contained alcohol when he drank several bottles watching movies June 10-11 at the Minnesota house of Vikings tight end Kyle Rudolph, his former college roommate at Notre Dame.
Floyd later failed three self-administered Breathalyzer tests and was ordered by Hendrix to appear in court Monday and prove he did not violate probation from his extreme DUI conviction.
"I am writing to request Mr. Floyd not have his court mandated requirements negatively impacted since he did not know the kombucha he ingested contained alcohol," Warren wrote June 21 to Floyd's attorney, Robert Feinberg, which was cc'd to Vikings president Mark Wilf, general manager Rick Spielman and coach Mike Zimmer.
Floyd said in a sworn affidavit the Vikings encourage their players to consume kombucha tea as a health drink, and that it is served "on tap" at Winter Park.
He also told Hendrix he failed to refrigerate a case of GT Synergy kombucha tea he bought at Whole Foods and brought to Rudolph's house, which, according to a forensic pathologist Floyd hired to defend him, elevated his blood-alcohol levels.
Warren explained how kombucha tea is "utilized by many professional athletes as a probiotic and is available at our facility on a daily basis," he wrote.
According to mayoclinic.org, kombucha tea is a fermented drink made with tea, sugar, bacteria and yeast.
Warren also referenced a 2015 warning regulators with the U.S. Alcohol and Tobacco Tax and Trade Bureau issued to beverage producers whose kombucha tea contained too much alcohol, threatening federal fines if they did not reformulate their drinks.
Floyd, a St. Paul native and Cretin-Derham Hall graduate, pleaded guilty to extreme DUI in Scottsdale. His blood-alcohol level was .217 on Dec. 11 when police arrested him after finding Floyd asleep at a traffic light behind the wheel of his running vehicle.
The Arizona Cardinals released him days later. Floyd finished the season with New England but was inactive for the Patriots' Super Bowl LI victory over Atlanta.
The Vikings signed Floyd May 10 to a one-year contract that could be worth as much as $6 million with incentives.
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