Even a second DWI seems unlikely to conquer the world's greatest swimmer.
USA TODAY Sports reported that Phelps, who will be in a Baltimore court room on Friday to answer to charges of drunken driving, likely will avoid jail time. He also should not face any repercussions from a marketing aspect, according to the Baltimore Sun.
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The charge is the second for the 18-time Olympic gold medalist swimmer.
"In 2004, the then-19-year-old was arrested for drunken driving but not convicted," according to USA TODAY Sports. "Instead, he was given probation before judgment (PBJ) and ultimately served 18 months' probation."
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Phelps completed a six-week rehab program at an undisclosed treatment center following his arrest, USA TODAY Sports added. He is currently serving a six-month suspension from USA Swimming, a ban that also includes next summer's world championships.
The previous offense should have minimal impact on Phelps' case on Friday, Scott J. Richman, the former head of the Baltimore City State's Attorney's Office Traffic Division told USA TODAY Sports.
"The big things the judge is going to look at, two things, the facts of the case, obviously, and the time in between the two (DUIs)," said Richman, a products liability attorney in the Baltimore firm of Miles & Stockbridge.
"The less time that's been elapsed, the more likely you're going to see some incarceration. In a case like this where it's been almost 10 years to the day, there was no accident, there wasn't a particularly high test result in the grand scheme of test results the court sees, if I had to guess I would say he's going to get a suspended sentence.
"In that case, that means the judge gives him a one-year sentence. He suspends the entire amount and puts him on supervised probation. If he violates his probation, then the judge can give him up to one year (in jail)."
A marketing analyst told the Batimore Sun that said Phelps still is likely to generate endorsement deals as companies begin to consider Olympic campaigns for 2016.
"The second DUI certainly gives marketers some pause in considering him for upcoming Olympics deals, but assuming he stays on the straight and narrow between now and Rio, and returns to his winning ways in the pool, he'd have to be at or near the top of the list for any company planning a 2016 Olympics campaign," said Bob Dorfman, executive creative director for Baker Street Advertising in San Francisco. "He's a household name and face, will garner heavy prime-time coverage, and his story is simply too compelling to pass up."
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