(KRON) — Former San Francisco 49ers star pass rusher Aldon Smith will serve 12 months in jail for a 2021 DUI, court records show. He was also given a five-year term of supervised probation.

San Mateo County District Attorney Steve Wagstaffe told KRON4 that Smith, 33, rear-ended a Recology work truck at 1:28 p.m. on Dec. 6, 2021, on an Interstate 280 off-ramp at Farm Hill Boulevard. He was found with marijuana in his pockets and empty bottles of rum and vodka in his pickup truck, Wagstaffe said.

Smith asked the driver of the truck if he was ok before offering him $1,000 for a ride home instead of calling police, according to Wagstaffe. The driver declined and called California Highway Patrol.

Smith originally denied driving the vehicle but was identified by the truck driver, per Wagstaffe. He refused a field sobriety test at first, but a later test revealed his blood-alcohol level was .288. The legal limit to drive is .08.

The victim was in pain after the crash but avoided serious injuries. The judge ruled that Smith was required to pay $3,800 to the victim and $38,000 to Recology.

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Wagstaffe said the judge “showed leniency” to Smith after the prosecutor recommended time in state prison. Smith will instead go to county jail.

Smith became an instant star for the 49ers after being drafted in the first round of the 2011 NFL Draft, racking up 33.5 sacks over his first two seasons.

Since then, Smith has had a bevy of legal issues. He has been arrested numerous times for DUI and was arrested for domestic violence in San Francisco in 2018. His off-field issues kept him from playing from 2016-19. He last played in the NFL with the Dallas Cowboys in 2020.