Nick Diaz gets second DUI arrest in 10 months; Silva fight in doubt?

Nick Diaz is slated to face Anderson Silva in both of their return bouts at UFC 183 on Jan. 31. But first, he might have some legal matters to clear up after getting arrested last week on multiple charges.

Nick Diaz was arrested last week on charges of suspicion of DUI, obstructing a police officer, destruction of evidence and driving with a suspended license.

Josh Hedges/Zuffa LLC

Nick Diaz is in trouble with the law ahead of one of the biggest fights of his career and this isn't the first time within the last year, FOX Sports has learned.

The UFC star was arrested for suspicion of driving under the influence of alcohol, obstructing a police officer, destruction of evidence and driving with a suspended license last week near his hometown of Stockton, Calif., Lodi Police Department watch commander Sgt. Steve Maynard confirmed with FOX Sports. The story was originally reported by the Lodi News.

The incident occurred at 2:20 a.m. on Sept. 6. Diaz will be arraigned in roughly three weeks, Maynard said.

"We are aware of the situation and are in the process of gathering the facts," the UFC said in a statement. "We understand that there is a legal process that will now take place and that Nick Diaz will have the opportunity to address the situation in the near future."

Diaz's agent Lloyd Pierson of the Ballengee Group also gave a statement to FOX Sports regarding last week's arrest: "Nick and I have discussed the current charges. He is very sorry he has disappointed his fans, friends and family. Nick wants to take the opportunity to thank all his fans who have immediately reached out to him for unconditional support."

Diaz also was arrested Nov. 20 on three other counts: DUI, DUI with an alcohol or drug level above .08 and unsafe speed for prevailing conditions, according to a San Joaquin County Court spokesperson. Another count, failing to appear after a written promise, was added when Diaz missed multiple court dates.

Last week, according to police, Diaz, 31, was pulled over on a routine traffic stop and the officer, identified by the Lodi News as Cpl. Eric Bradley, suspected that Diaz was under the influence of alcohol, per Maynard. Diaz was arrested and transported to the Lodi City Jail.

Nick Diaz's booking photo from the Lodi City Jail.

Lodi Police Department

Once there, Diaz was given the option of providing a blood sample or a breath sample, Maynard said. Diaz chose a breath sample and while officers were setting up the equipment Diaz asked to go to the bathroom. He was escorted there by officers.

Diaz then attempted to vomit, per Maynard. He was told repeatedly to stop by officers, who suspected he was trying to rid his body of alcohol. That is where Diaz picked up the destruction of evidence and obstruction charges. When Diaz tried to vomit, it was considered a refusal of the test, according to Maynard.

After the investigation was over, Diaz was held for four to six hours and then released. Since it was a misdemeanor arrest, there was no bail set. Diaz was given a notice to appear at San Joaquin County Courthouse in Stockton before the end of the month.

It's unclear how Diaz's 2013 arrest and the subsequent missed court dates will affect these latest charges.

Diaz was arrested last November on DUI charges and then missed a court date in December, resulting a warrant being issued for his arrest, per San Joaquin County Court spokesperson Stephenie Bohrer. He was set to surrender on a warrant in February and an attorney showed up in his place. The warrant was kept intact.

Another court date was set for the end of February and Diaz appeared with an attorney. A further arraignment and pretrial conference were scheduled for April 3.

On April 3, an attorney showed up in Diaz's place and the date was moved back to May 5. On that day, the attorney was present and a trial setting and plea date were set for June 2.

Diaz was back in court June 2 and filed a motion to withdraw his attorney — he wanted to fire his lawyer. He had a new attorney with him at that time. The motion hearing was scheduled for June 16 and Diaz did not show up, nor did his attorney. At that time, a bench warrant was issued for his arrest.

Diaz came back to court Aug. 21 to surrender on the warrant with a third attorney. He was released on $25,000 bail and a further arraignment was set for Sept. 25, which is right around the time he'll likely have to be in court for these latest charges.

Diaz (26-9-1) is scheduled to fight Anderson Silva at UFC 183 on Jan. 31 in Las Vegas. The former Strikeforce welterweight champion has not fought since March 2013, a UFC welterweight title fight loss to Georges St-Pierre.

Silva is coming off surgery to repair the leg he broke in a middleweight title fight with Chris Weidman last December. It's a marquee matchup between two of the most well-known fighters in the UFC.

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