Toussaint has pleaded guilty to the latter charge, and is scheduled to be sentenced on Oct. 23.
With the defending champion Alabama Crimson Tide first on the schedule for Michigan, coach Brady Hoke has to make a decision on Toussaint's fate. While Hoke hasn't made any public declarations, he released a depth chart on Monday afternoon that had the embattled tailback listed as the No. 1.
In 2011, Toussaint was a main ingredient for the Wolverines, racking up 1,041 yards on just 187 carries. He also scored nine touchdowns for a Michigan team that won the Sugar Bowl.
If Hoke surprises and doesn't play Toussaint, the burden will fall squarely on the shoulders of quarterback Denard Robinson to dissect Nick Saban's defense.