On May 9, 2007, McNair was a passenger in a car that was pulled over for suspicion of drunk driving. Both the driver of the vehicle, his brother-in-law, and McNair were arrested for driving under the influence. Under Tennessee law, one can still be arrested for DUI even as a passenger in one's own car and the driver is believed to be under the influence. McNair owned the pick-up truck involved and was charged with DUI by consent. The charges were dropped on July 10, 2007.