Blood test result shows Russ Smith was under legal limit when arrested for DUI

Prosecutors just released dashcam video and blood test results taken after Smith was charged with DUI and reckless driving. Smith's blood alcohol level was determined to be .065, under the legal limit of .08, according to his attorney.

LOUISVILLE, Ky. (WDRB) -- Results from a blood test of former University of Louisville basketball star Russ Smith show he wasn't legally drunk when arrested for DUI on June 8, according to his attorney.

After a short court hearing Tuesday morning, attorney Steve Romines said prosecutors just released dashcam video and the blood test result taken after Smith was charged with driving under the influence and reckless driving.

Smith's blood alcohol level was determined to be .065, under the legal limit of .08.

These results confirm breathalyzer tests taken at the scene where he blew a .06. He took another at jail and his level had climbed to .073.

The arrest report indicates Smith failed a walk and turn test and "swayed" once he was asked to step out of the car. The police report said he passed parts of the test.

"Field sobriety tests are designed for people to fail them," Romines said. "They are not a scientific test. They are created so it permits police to arrest. (Smith) passed every one of them."

Neither Smith nor prosecutors were in Jefferson District Court on Tuesday, where the case was passed until Oct. 13.

A Jefferson County Attorney's Office spokesman said the office does not comment on pending cases.

"Every test he took was under the limit," Romines said Tuesday after the pre-trial hearing. "(He) passed every field sobriety test (and) should have never been charged. He did nothing wrong."

Smith, 34, is out of jail without a bond. Defendants charged with traffic or misdemeanor cases do not have to appear if an attorney is representing them.

He was stopped after he made an illegal U-turn near the intersection of Baxter and Highland avenues just after midnight June 8, according to a Louisville Metro Police arrest report.

Detective Kyle Willis said he saw a car with plates that expired in 2022. Just before the traffic stop, the officer said the 2018 Maserati turned across several lanes and went onto a crosswalk, according to the report.

The officer claimed he smelled alcohol on Smith's breath, and Smith admitted to drinking "two Bourbon pours neat" before driving.

Romines, who defended golfer Scottie Scheffler last year when he was arrested before the second round of the PGA Championship in Louisville, said all of the evidence been released so far "shows (Smith) did nothing wrong."

Smith cooperated fully and voluntarily gave two BAC samples, Romines previously said in a statement.

"Yet, despite the fact that he was below the legal limit both times, he was nonetheless arrested," according to the statement. "Indeed, why even have a legal limit when the arresting officer simply ignores it? We look forward to litigating this matter in a court of law where his innocence will be proven."

Under state law, a driver can be charged with driving under the influence if the blood-alcohol level is .04 or higher depending on the other facts in the case.

Smith was part of the 2013 Louisville team that won a national title, which was later vacated.

Why was Russ Smith arrested for DUI on Bardstown Road if he was below the legal limit?

Former Louisville basketball star Russ Smith arrested, charged with DUI