The 24-year-old told authorities he drank a beer around 7:30 p.m., an hour before leaving his home, "The Insider" confirmed.
Phelps will be cited by Baltimore police for driving with an invalid Maryland license, and for not having established residency in the state. He has not yet been fined, but he is required to appear in court.
"The Insider" has also learned that Phelps was not at fault for the accident, but rather, the other driver was to blame for running a red light.






Do you think the media is too harsh on Michael Phelps' controversial pot smoking photo?
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