Witness: Michael Phelps was gambling, drinking before arrest

BALTIMORE - New details in the DUI arrest of swimming superstar Michael Phelps, reports WJZ.

Michael Phelps had been out gambling just prior to his arrest. Police say when his luck ran out, his blood alcohol level was almost twice the legal limit.

Police say Olympian Michael Phelps smelled of alcohol when he was stopped in his white Land Rover for a DUI on I-95 North just past the Fort McHenry Tunnel Toll Plaza early Tuesday morning.

According to the police statement of probable cause, officers noticed Phelps' eyes were "red, bloodshot and his speech was mush mouth." Phelps told police he had "3 or 4 drinks" and had just left the "Horseshoe" Casino. When officers asked him to walk heel to toe in a straight line, he had "difficulty with his balance. When asked to stand on one leg, he told police "that's not happening."

A later breathalyzer revealed Phelps with a blood alcohol level of .14 -- well over the state's .08 limit.

Sources tell WJZ Phelps spent hours drinking and playing table games inside a private room at the Horseshoe Casino. Casino officials would only say it would inappropriate to comment on any ongoing investigation.

Phelps has already said he's sorry for letting people down. He made a similar apology ten years ago.

"I have already learned from this experience," he said in 2004.

Then, he was just 19-years-old when a DUI arrest resulted in 18 months of probation.

"That's harder to get out from under than if it were a one time case," said John Maroon, Maroon PR.

Maroon says Phelps may have some explaining to do, especially with some of his major sponsors. Right now, it's unclear how this latest arrest could impact those deals.

"I think how he handles it is going to be a big tell for corporate partners," Maroon said.

There is no word yet on whether USA Swimming will sanction Phelps for this latest arrest. In a statement, USA Swimming called the incident "disappointing and unquestionably serious." In April, Phelps announced he was coming out of retirement, the first step toward possibly swimming at the 2016 Rio Olympics.

A trial date for Phelps has been set for November 19.