I don't buy this. This is a legal matter. Nothing more. He broke the law, and he should face whatever penalty the law gives him. But the team doesn't bear any responsibility for Smith's actions, nor should they be required to add punishment on top of what the legal system hands out, unless its specified in his contract. Why should someone lose their job because they drove drunk, unless their job is one that requires a clean driving record? If they want to punish him for making the team look bad, then fine, they should have that right. But they have no obligation to be his nanny. They're not raising him to be a good citizen. They're paying him to play football. And as long as he does that, I don't see that they should be require to care what he does in his off-time. IMO, it's the legal system that is supposed to punish people for their transgressions, not the employer. Employers aren't judges. They should not be morality police. They should not be handing out civil punishments. They should be looking at their own bottom line, and making decisions based on that. So if the Niner's staff feels that they are better off with Smith in the lineup, DUI and all, they should be free to keep him on the payroll, rather than being forced to jump on the punishment bandwagon.