Before the start of the 2008 season, Benson was arrested for allegedly operating a boat while intoxicated and resisting arrest. On May 3, 2008, the incident occurred near Austin, Texas, by the Lower Colorado River Authority during a late night safety inspection. The official police report cited that Benson had failed a field sobriety test, and became hostile towards the police. The officers arrested Benson, and proceeded to use pepper-spray after he forcefully resisted arrest. Benson was later detained for the night, and charged with boating while intoxicated and resisting arrest.