911 call released in legislator's DUI arrest - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

911 call released in legislator's DUI arrest

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David Smith David Smith
SCOTTSDALE, Ariz. -

There is new information about the Arizona lawmaker arrested on DUI charges. State Representative David Smith, who was behind several bills relating to DUI laws, was arrested last month in north Scottsdale after another driver saw him swerving and called 911.

The 911 caller was leaving a grocery store parking lot about 7:00 p.m. Oct. 21 when he ended up behind a vehicle that was being driven by State Representative David Smith.

He says Smith was driving so erratically he was afraid he was going to cause an accident.

Caller: "There's a black Chrysler 300 driving down Pima and it's like going over in the lane of oncoming traffic, going back and forth, I'm pretty sure he's drunk."

Police say State Representative David Smith,a criminal defense attorney, was the driver.

Caller: "I wouldn't call unless I thought it was something bad but I don't want him hurting somebody."

911: "And he's speeding?"

Caller: "He's swerving over like in the lane of oncoming traffic and to the lane right of him, I'm pretty sure he's been drinking."

Police pulled that Chrysler over. According to the report, Representative Smith even had trouble getting out of the car. He "lost his balance" and "stumbled twice" just walking toward the officer, court paperwork alleges.

During questioning, he asked the officer "do you know how I am?"

Police say Smith's breathalyzer test resulted in a .17 blood alcohol level, way above the legal limit.

Smith claims the only drink he had was "mouthwash two hours earlier."

He also stated that he's a "DUI attorney" and has "defended thousands" of DUI cases. As a state lawmaker he's pushed drunk driving legislation in Arizona.

Most recently he attempted to lessen penalties for first time DUI offenses.

Smith was arraigned Wednesday in Scottsdale. He actually came in third in his primary race, so his term as a state representative is almost over.

Follow this story: Arizona legislator accused of DUI in Scottsdale

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