According to a league source, the results of the chemical test showed that Gary Payton's blood alcohol level was so close to the legal limit of .08 percent that driving under the influence charges will likely be dropped.

Payton, whose wife Monique was in the car, told police that they were returning from dinner, where he had two drinks. The act that got him caught, attempting to back down an on-ramp to the San Diego Freeway, was the result of Payton's desire to avoid a traffic jam.