Posted: 2:45 p.m.
According to the Ohio State Highway Patrol, Henry registered a .092 on a breathalyzer after he was pulled over for driving 82 miles per hour in a 65 speed zone in Union Township, about 20 miles east of Cincinnati.
NFL policy says any player who admits or is convicted of a second crime will be suspended. And, even though it is Henry's first alcohol-related offense, NFL policy states the commissioner can suspend a player (if he cops a plea or is convicted) if there has been prior drug misconduct.
Near the end of last season, when his six touchdown catches led all rookie receivers, Henry was arrested Dec. 15 for possession of marijuana and ended up pleading to a $250 fine. After waving a Lugar at a crowd of people in late January, he was charged with three felonies that have been dropped to one - illegal possession of a firearm.
The arrest leaves the Bengals coping with the character issue after a week rookie linebacker A.J. Nicholson was arrested for breaking into the house of a former college teammate and Henry's felony gun trial in Florida was pushed back to Aug. 21.
Sgt. Kevin Long, an assistant commander of the Batavia Highway Post, said the arresting officer smelled "an odor of alcohol" on Henry when he was stopped at 1:18 a.m. Saturday. After being administered a field sobriety test, Henry agreed to a breathalyzer that said he was over the .08 state limit.
"He was courteous and cooperative during the entire contact," Long said.
Henry was released and given a June 9 court date, scheduled for 8:30 a.m. in Clermont County Municipal Court. He's facing a first-degree misdemeanor for OVI and a misdemeanor for speeding.
After his Florida trial was pushed back, it looked like Henry wouldn't be facing an NFL suspension this season for a second offense.
Under guidelines in the collective bargaining agreement, the Bengals can cut a player only because of skill reasons. But if they decided to release Henry after three arrests, would they be faced with a grievance and would they lose it? If the Bengals cut Henry, they would absorb a $173,000 hit on this year's salary cap. Since it's after June 1, they would be charged only this year's bonus pro-ration. Next year, they would have about $519,000 in dead money.
The Bengals won't comment on the Henry case until it is resolved legally.
Henry has yet to practice this spring since suffering what head coach Marvin Lewis called a knee sprain on the same play quarterback Carson Palmer ripped up his knee in the Wild Card game against the Steelers.
At least some of the leading candidates for Henry's No. 3 receiver job (if it's available) are second-year man Tab Perry, Packers free-agent pickup Antonio Chatman, and Kelley Washington.