Prosecutors tell TMZ Sports they believe Aldon Smith was driving with a BAC of greater than .20 before he was arrested for a DUI earlier this month.

Smith was booked back on Dec. 6 after cops say he had driven drunk in San Mateo County and then got involved in a two-car accident — and, on Monday, prosecutors formally filed charges against the 32-year-old over it all.

Court documents show Smith was hit with two felony DUI charges … and, in the docs, prosecutors revealed they believe Smith was HEAVILY intoxicated at the time of the incident.

In the docs, prosecutors say Smith had a BAC of greater than .15 … and when we spoke with the San Mateo County District Attorneys Office on Monday afternoon, a spokesperson told us they believe Smith actually had a BAC of greater than .20.

The DA spokesperson noted they’re waiting on further test results to reveal the final number. Of course, the legal limit in California is .08.

Prosecutors also allege in the docs that Smith had an open container of booze in his car at the time of the crash … and they also claim he had weed in an open container in the vehicle as well. They added that the other person involved in the accident suffered minor injuries.

Smith is facing up to three years in prison if he’s convicted on the charges, prosecutors say. He’s due in court for a hearing on the matter on Tuesday morning.

We’ve reached out to Smith’s attorney for comment, but so far, no word back yet.

As for Smith’s NFL career … he balled out for the Dallas Cowboys in 2020, but he’s currently a free agent after he was released by the Seattle Seahawks before the 2021 season began.

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