Arizona lawmaker arrested on DUI charge

 By Ashton Buccola The Arizona Republic-12 News Breaking News Team Mon Nov 5, 2012 11:09 AM

State Rep. David Burnell Smith was arrested on suspicion of driving under the influence in north Scottsdale on Oct. 21 after his car was seen swerving, police said.

Smith had a blood-alcohol level of 0.137 percent, police said. The legal limit is 0.08 percent.

Smith, a Republican who represents northeast Phoenix, Carefree, Cave Creek and northwest Scottsdale, appeared to be invoking legislative immunity when he was pulled over, officials said.

“Do you know who I am?” Smith asked the arresting officer, according to a police report.

He was pulled over about 7:30 p.m. in the area of Pima and Lone Mountain roads and stumbled out of the car, police said.

Smith declined to comment Friday. Arizona House Speaker Andy Tobin could not be immediately reached for comment.

Smith could not have legally claimed legislative immunity because the Legislature is not in session.

He was arrested on suspicion of DUI and was transported to Scottsdale Healthcare Shea Medical Center for a blood test, police said.

Police were tipped off to Smith at 6:57 p.m., when a motorist on Pima Road called police and reported that a late-model Chrysler 300 was swerving into oncoming traffic, according to officials.

Police said they found a car matching the description swerving in and out of its lane on a two-lane stretch of Pima Road near Lone Mountain Road.

When police attempted to pull the Chrysler over, it stopped abruptly in the middle of Pima Road, just north of Westland Road.

The car blocked 2 to 3 feet of the roadway, officers said.

After calling another officer to assist him, the arresting officer attempted to conduct sobriety tests on Smith, who refused, police said.

After officers placed him in handcuffs, Smith agreed to have his breath analyzed but refused standard field-sobriety tests, police said.

In using the machine, Smith initially inhaled several times, causing error readings before finally agreeing to exhale, officers said.

Smith ran for re-election to the House this year but lost in the Republican primary. He leaves office at the end of the year.

He is a personal-injury attorney at Smith Law Firm in Scottsdale.

Specializations listed on his company website include DUI and DWI arrest defenses.

Information regarding his court date was not immediately available.

 

David Burnell Smith ran for the Carefree Town Council in 2007.  He lost to David Schwan in the run-off election, after fielding an exceedingly ugly campaign.  He was supported by the Sonoran News.