Dennard, 23, was arrested three months ago and put on probation for a felony conviction after assaulting a Lincoln, Neb., police officer. If the judge determines that Dennard violated his probation, the new charge could impact his earlier conviction.
Dennard is sentenced to 30 days in prison, but will not serve that time until after this NFL season.
That may change, though -- whether Dennard gets to play in the preseason opener or the season at all is dependent on the ruling. But Dennard's camp says that he should not have gotten the DUI in the first place.
According to the Lincoln Police Department, a red Honda Accord was straddling lane lines. After police stopped the vehicle, the report says, Dennard “emitted an odor of alcohol and displayed signs of impairment.”
Police said they ran Dennard through a set of field sobriety tests and brought him in for a breathalyzer test, which he refused. He was cited for DUI and released with a court date on Aug. 12, three days after the preseason opener.
Dennard's camp said the 23-year-old was not asked to take a blood test and that he did not "fail" the field sobriety test.
Instead, they say Dennard attempted to blow for a Breathalyzer at least twice. Each time, the officer said that the player was not blowing hard enough to get a read on his blood alcohol content. His BAC was believed to be below the legal limit, however, and so he was not asked to take a blood test.
The police department said that Dennard would not provide an adequate breath sample. The outcome of the tests were not released by police. Police spokeswoman Katie Flood said that the officers that pulled him over had "probable cause" to believe Dennard was driving under the influence, but would not provide details on the tests.
Flood said a final decision on the charges will face will likely be made by the Lincoln City Attorney’s Office before his set court date.