Attorney: Lawmaker can't be charged with DUI during session

AP News
Posted: Jan 22, 2015 6:22 PM

FRANKFORT, Ky. (AP) — A Kentucky state senator is trying to have his DUI charge dismissed because the state constitution bans lawmakers from being arrested while the legislature is in session.

Republican state Sen. Brandon Smith of Hazard was charged with DUI on Jan. 6, the first day of the 2015 legislative session. A citation filed in Franklin County Circuit court says Smith had a .088 percent blood alcohol level in a portable breath test. A person is presumed drunk when the alcohol to blood ratio is .08 and above.

His attorney cites the Kentucky Constitution which says that except for treason and certain other offenses, legislators are "privileged from arrest during their attendance on the sessions of their respective Houses, and in going to and returning from the same."