UFC middleweight Nick Diaz is headed for arguably the biggest fight of his life when he steps into the Octagon to face legendary former champion Anderson Silva in the main event of UFC 183 on January 31, 2015, but it appears that his road to the blockbuster bout won’t necessarily be a smooth one.

The polarizing former Strikeforce champion was arrested on suspicion of driving under the influence during the early morning hours of September 6 according to a report from the Lodi-News Sentinel:

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UFC fighter and former Tokay High School student Nick Diaz was arrested in Lodi at 2:20 a.m. Sept. 6 on suspicion of DUI, obstructing a police officer, destruction of evidence and driving with a suspended license, according to Sgt. Mike Kermgard of the Lodi Police Department.

Diaz was arrested by Cpl. Eric Bradley while driving down the 600 block of East Pine Street, Kermgard said. The arraignment for Diaz should be 21 days after his arrest.

According to Sergeant Steve Maynard of the Lodi Police (via MMA Fighting), Diaz did not resist arrest, but did ask to use the bathroom while agreeing to submit a breath sample.

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Once in the restroom, Diaz allegedly tried to make himself throw up despite officers repeatedly telling him not to.

Diaz has had a long history with marijuana problems during his MMA career, but this is the first time alcohol has caused a significant issue for him. The UFC released the following statement on Diaz’s situation:

“We are aware of the situation and are in the process of gathering the facts. We understand that there is a legal process that will now take place and that Nick Diaz will have the opportunity to address the situation in the near future.”

Apparently Diaz was arrested for a prior DUI in November of 2013, also in Lodi.

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It remains to be seen whether or not the arrest will have any bearing on his fight with Silva.