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Russ Smith Charged for DUI Despite BAC Under .08

Professional basketball player Russ Smith is fighting a DUI charge stemming from an early June arrest where his BAC was reported as being significantly below the legal limit.

34-year-old Russ Smith, a former University of Louisville basketball player, is well-known for his extensive basketball career as a point guard. He is currently playing for Pallacanestro Nardò of Serie A2 in Italy. Early in the morning on June 8, the Kentucky local was driving in Louisville when he caught the attention of an officer from Louisville Metro Police. The officer claimed the Maserati Smith was driving displayed registration tags that expired approximately three years ago. Additionally, he reported that the man failed to stay in his lane. A traffic stop was initiated, and Smith pulled over without incident.

When the officer approached and began talking to Smith, he asserted that he could smell alcohol and believed the man had been drinking. When asked, Smith allegedly said he had two drinks, and he reportedly consented to taking a roadside sobriety test. According to reports, the officer thought Smith seemed unsteady on his feet. He noted that Smith passed many of the exercises but claimed he did not properly execute a few of them. A breathalyzer test was administered, and it gave a result of .060 BAC.

Under Kentucky state law, the legal limit for operating a motor vehicle is .08 or higher, but in some cases, one can be charged with driving under the influence if their BAC is gauged at .04 or higher. Smith was arrested and given a second breath test at the station, and the result was recorded as .073. He was charged with DUI and reckless driving.

Given the circumstances involved in his case, Smith’s attorney stated that they “look forward to litigating this matter in a court of law where his innocence will be proven.”

If you or someone you love is suspected of a DUI offense, contact Orange County criminal defense lawyer Staycie R. Sena at (949) 477-8088 for a consultation now.

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