Senate foe of expanded alcohol sales gets DUI

Sen. Brandon Smith, an opponent of expanded alcohol sales in Kentucky, was arrested Tuesday, the first day of the 2015 legislative session, and charged with driving under the influence.

Smith, who blew a .088 in a portable breath test, refused to comment on his arrest and directed phone calls to his lawyer, William E. Johnson, of Frankfort. A person is presumed to be drunk when the alcohol to blood ratio is at .08 and above.

Johnson said that "given time, we'll work this out to everyone's satisfaction. ... I honestly believe that we'll prevail on the matter."

According to a citation filed with Franklin Circuit Court, Smith was arrested just after 9 p.m. after a state police officer saw him driving 65 mph in a 45 mph zone on Leestown Road in Franklin County.

According to the report, Smith made errors while trying to complete a field sobriety test and the officer "could smell the presence of an alcoholic beverage emitting from this breath."

Smith told the officer he had people in his pickup truck who had been drinking but that he hadn't been.

Johnson said no one was in the truck with Smith and that police "have a tendency to" put "as much information in the report as they possibly can and sometimes I find out it isn't true."

Johnson said Smith had been visiting family friends and was on his way home when he was arrested. "It wasn't like it was a big social occasion," he said.

After being given the portable breath test, the report said that Smith acknowledged that he had had a drink six hours earlier.

Smith refused to say who was in his car at the time of the arrest.

"You're welcome to give Bill a call, and I don't think he'd have trouble answering any of that stuff," Smith said.

Senate President Robert Stivers refused to comment on Smith's arrest but said that when members have been charged with similar crimes in the past, the Senate has not taken action against them and left it up to their constituents.

Stivers said he didn't know if Smith had been out with other members of the Senate prior to his arrest.

Smith, who until last month was the Republican Senate whip, however, did say that he has traditionally voted against bills to help the alcohol industry and promote alcohol sales.

"That's just the nature of my district," he said. "My voting record down here reflects the people that I serve."

Smith said he doesn't believe that the arrest will harm his standing with his constituents. "I think the people in my district know me. I've grown up there ... and they've been my neighbors."

Reporter Joseph Gerth can be reached at (502) 582-4702. Follow him on Twitter at @Joe_Gerth.