Former Louisville basketball star Russ Smith arrested, charged with DUI

LOUISVILLE, Ky. (WDRB) -- Former Louisville basketball star Russ Smith was arrested early Sunday morning for driving under the influence and reckless driving.

Smith was stopped after he made an illegal U-Turn near the intersection of Baxter Avenue and Highland Avenue just after midnight, according to a Louisville Metro Police arrest report.

Smith, 34, did not immediately respond to a message seeking comment.

High-profile Louisville defense attorney Steve Romines, who defended golfer Scottie Scheffler last year when he was arrested, is representing Smith.

In a statement, Romines said "the evidence, witnesses and surveillance footage will clearly show that Russ did nothing wrong."

Det. 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 admitted to drinking "two Bourbon pours neat" before driving.

The arrest report indicates Smith failed a walk and turn test and "swayed" once he was asked to step out of the car. His Blood Alcohol Content (BAC) level was a 0.073. The legal limit is 0.08.

Romines said Smith cooperated fully and voluntarily gave two BAC samples.

"Yet, despite the fact that he was below the legal limit both times, he was nonetheless arrested," according to the statement from Romines. "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."

The arrest report claims Smith took a breathalyzer test at the scene and blew a .06 He took another at jail and his level had climbed to .073.

Paul Gold, a long-time Louisville attorney who specialized in DUI cases, said in an interview that it is within the officer's discretion to arrest someone for DUI if the blood-alcohol is below the legal limit. He said the officer can't determine if the driver's blood alcohol level is going up or down at the time.

"The officer doesn't know when the person had their last drink," Gold said.

A spokesman for LMPD said "we will allow the arrest slip to speak for itself," when asked about Smith being charged with a DUI even though his blood-alcohol level was below the legal limit.

But he did refer WDRB to a section of state law that says 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.

"That fact may be considered, together with other competent evidence, in determining the guilt or innocence of the defendant," according to the statute.

The arrest report said that a blood test is pending.

Asked if a DUI charge is tougher to prove when the blood-alcohol level is below the legal limit, Gold said, "absolutely."

"It makes it a border line case," he said. "It's a lot tougher."

He said the video of the arrest will be key, to see how Smith looked during the field sobriety tests. The police report said he passed parts of the test.

Smith "showed 3 of 8 clues" in the walk-and-turn test, according to the report, including stepping off the line and making an improper turn.

In his experience, Gold said, these types of cases often end in plea bargains with reckless driving convictions.

Smith was arrested and charged with driving under the influence, reckless driving, and having unregistered plates.

He was released without bail and will be arraigned in Jefferson District Court on June 11.

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

He is also scheduled to play in The Basketball Tournament (TBT) this summer.

TBT is a winner-take-all, $1 million tournament. Most of the teams are formed by alumni of prominent programs across the nation.

Smith is set to play for TheVille, which includes several former UofL stars.

Smith lives in Louisville and founded the Mr. and Mrs. Bourbon Company.

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