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SCOTTSDALE, Ariz. -- An attorney who is an Arizona legislator is accused of driving under the influence of alcohol.

Court records and a Scottsdale Police Department report say Republican Rep. David Brunel Smith of Carefree faces two counts of driving under the influence and one of making an unsafe lane change.

The report says a motorist reported an erratic driver and that Smith was arrested Oct. 21 by an officer who observed Smith's car swerving.

According to the report, Smith identified himself as a state representative and denied drinking alcohol, saying he ``only had mouthwash'' two hours earlier.

The report says Smith had a blood-alcohol level of .137. Arizona's legal limit is .08.

Smith did not immediately respond to requests for comment. He faces arraignment Wednesday in Scottsdale Municipal Court.

Associated Press,

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