His rep was already a little tarnished from the whole stepping out on his wife thing and "blood alcohol twice the legal limit" is a pretty damning way of saying he had been drinking.. which isn't a crime. Just seems like they could use a little more tact if they're speaking of the dead.
http://deadspin.com/5319700/foxs-shepard-smith-explains-mcnair-case-dying-is-not-illegal Shep Smith agrees with me.
I can't believe you made me click on a link to a Mike Florio interview. Edit: he actually had to read that nonsense off a teleprompter?