The 2008 season was the New England Patriots' 39th in the National Football League (NFL) and their 49th overall. The Patriots were defending AFC champions. Despite finishing the regular season with an 11–5 record, the Patriots did not qualify for the playoffs—becoming the first 11-win team since the expansion to a 12-team playoff in 1990 to miss the playoffs, as well as only the second team (after the 1985 Denver Broncos) since the NFL expanded to a 16-game regular season in 1978. They also were the first team to go undefeated in the previous regular season and miss the playoffs the next season.
In the season opener, quarterback Tom Brady, the NFL's MVP in 2007, suffered a torn anterior cruciate ligament during their season-opening victory against the Chiefs and missed the remainder of the season. Backup quarterback Matt Cassel replaced Brady. Cassel led the team to a win in Week 2 against the New York Jets, his first start since high school. A loss the following week against the Miami Dolphins ended the Pats' record 21-game regular-season winning streak. This record was broken by the Indianapolis Colts in 2009.
Despite entering the last week of the season with a three-game winning streak, the Patriots found themselves not controlling their own destiny. In addition to a Week 17 win, they also needed either a Dolphins loss to win the AFC East, or a Baltimore Ravens loss to earn a wild card berth. However, both Baltimore and Miami won, and the Dolphins, Ravens and Patriots each finished the season with an 11–5 record. Miami qualified for the playoffs by winning the AFC East division over the Patriots on the fourth divisional tiebreaker (better conference record: 8–4 to 7–5). Baltimore qualified for the playoffs as a wild card team, defeating the Patriots on the second wild card tiebreaker (better conference record: 8–4 to 7–5). Because of this, the Patriots were excluded from the playoffs for the first time since 2002.
This was the only season between 2003 and 2019 inclusive when the Patriots failed to win the AFC East, let alone make the playoffs.
Offseason
Incidents off the field
Two days after Super Bowl XLII, safety Willie Andrews was arrested in Lowell, Massachusetts on February 5 for possession of a half pound of marijuana and driving an unregistered car. On May 9, Andrews' case was continued without finding for one year, during which time Andrews was ordered to pay a fine, speak to student athletes about the dangers of narcotics, and complete an NFL substance abuse program. On June 30, Andrews was arrested again and charged with assault with a dangerous weapon and unlawful possession of a firearm in Mansfield, Massachusetts, after his fiancée accused him of pointing a gun at her head. Andrews' fiancée called police, who searched Andrews' vehicle but did not find a gun; she later took her child to a hotel for the night, where Andrews then met her again before being arrested. The weapon, a Glock pistol, was later recovered in a dumpster near Andrews' apartment. Andrews was released on July 1.
On February 22, running back Kevin Faulk was issued a misdemeanor summons after he was found with four marijuana cigarettes at a Lil Wayne concert in Lafayette, Louisiana. Upon returning to New England, Faulk passed a drug test and did not have to enter the NFL's substance abuse program. Faulk pleaded no contest to the charge on July 8 and was sentenced to a five-month suspended jail term, given one year of probation, fined, and ordered to complete community service and substance abuse treatment programs. Faulk was later suspended for the first game of the 2008 regular season for a violation of the NFL's substance abuse policy.
On April 27, according to The Boston Globe, offensive tackle Nick Kaczur was arrested in Whitestown, New York, when police discovered Kaczur had a "small amount of controlled substance for which he did not have a prescription," which was later identified as oxycodone. Kaczur was charged with criminal possession of a controlled substance in the seventh degree, a misdemeanor. In May, the article states Kaczur participated in a Drug Enforcement Administration sting operation, wearing a hidden recording device while purchasing $3,900 worth (100 pills) of OxyContin. The three transactions, on May 1, May 6, and May 13 in the area near Foxborough, Massachusetts, led to the arrest of Kaczur's dealer Daniel Ekasala, who was indicted by a federal grand jury on June 3 for three counts of possession of oxycodone with intent to distribute. When The Globe asked for comment, however, Kaczur denied any involvement in the case.