MIAMI – Charges have been dropped against University of Miami running back Mark Walton after he was arrested earlier this year on suspicion of driving under the influence and driving with a suspended license.
An assistant state attorney said in court Monday that the state did not intend to prosecute Walton.
Walton, 19, was arrested April 21 in the 3000 block of 27th Terrace in Miami.
"It's a big sigh of relief for him because he's now able to get back to being a student and playing football," Walton's attorney, Joey McCall, said.
According to a Miami police report, Walton had alcohol on his breath, bloodshot eyes and was slurring his speech when officers approached his vehicle.
Police gave Walton a sobriety test, which he failed, the report said, and he was taken to a police station, where he performed a breath test.
Walton's blood alcohol concentration was between 0.059 percent and 0.060 percent, police said.
A blood alcohol concentration of 0.02 percent or above is considered the legal limit in Florida for drivers under the age of 21.
According to a close-out memorandum, the state did not find sufficient evidence to prove the charges "beyond and to the exclusion of every reasonable doubt."
File: Mark Walton close-out memo
"Because the defendant provided a breath sample above a .05 but below a .08, there was no presumption of impairment," assistant state attorney Nicole Garcia said in the memo.
Garcia said the state also dismissed the driving with a suspended license charge because of Walton's "substantial compliance." She said Walton paid a fine, but his license hasn't been reinstated.
"You don't see every random DUI that is done on camera or anything like that," McCall said. "You basically don't hear anything about it, but with Mark it was publicized."
Walton led the Hurricanes with nine rushing touchdowns as a freshman last season. He was suspended from the team indefinitely after his arrest, but team spokesman Tom Symonds said in a statement Monday that Walton has been reinstated.