(559) 500-3490


Aldon Smith DUI. A Legal Analysis.

Aldon Smith DUI. A Legal Analysis.

Aldon Smith DUI. A Legal Analysis.


Alexander Martin, Attorney at Law

On August 6, 2015 Aldon Smith was arrested for DUI, Hit and Run, and Vandalism in Santa Clara, California. He is alleged to have been driving while under the influence of alcohol, drugs, or their combined affect. He allegedly struck a parked vehicle and left the scene and his car behind. He was ultimately arrested when he returned to the scene.

There are several legal issues at play here.

Aldon Smith DUI Vandalism Hit and Run

Did Aldon Smith Commit a Crime?

1) Was Aldon Smith under the influence of Alcohol at the time of the driving? Aldon Smith DUI?

There have been no reported witnesses to the actual incident wherein Aldon Smith struck the parked car. The State of California will have to prove that the accident happened. They will then need to show that based on the amount of alcohol or drugs in Aldon Smith’s system at the time he was arrested – it can be concluded that he was already under the influence at the time he struck the other vehicle.

This brings us to our next question.

2) Was Aldon Smith’s blood alcohol rising or dropping at the time he was arrested? Aldon Smith DUI?

Aldon could have consumed alcohol prior to striking the other vehicle, but was not over the legal limit in California of %0.08 blood alcohol content (bac).  It takes time for your body to metabolize the alcohol and allow it to enter your blood stream.  You can chug 5 beers of alcohol but not be immediately under the influence.  This is true because your body has not yet fully consumed the alcohol for there to be an affect.

The State of California will have to prove that at the time of the “driving” Aldon was already above the legal limit.  This will be difficult because his blood was not drawn at the time he drove.  It was drawn some time later.  He may have been over the legal limit at the time he was arrested but that does not equate to him being under the influence at the actual time of driving.

The burden of proof is solely on the State of California to prove that Aldon was DUI at the time of the driving.  They can not blame Aldon for leaving in order to obtain a conviction.

3) Did Aldon Smith consume alcohol after the alleged accident? Aldon Smith DUI?

If Aldon Smith consumed alcohol after he drove, which caused his BAC to be above the legal limit at his arrest, then the State of California will have to prove that the alcohol consumed after the alleged accident did not contribute to Aldon Smith’s blood alcohol content being over %0.08.

4) Did Aldon Smith commit an act of Hit and Run?

In order for there to be a crime, Aldon Smith would have had to know that he struck another vehicle and left the scene with the intent to evade the process of providing his personal information to the other party.

What we know is that Aldon left his car at the scene. That does not seam like the kind of conduct by an individual who was trying to avoid being identified. His vehicle would surely lead back to him.

5) Did Aldon Smith commit an act of Vandalism?

In order for there to be a crime of vandalism – the suspect would have to commit a willful act with malice.

For example: It is not vandalism for a person to hit a baseball through a window during a baseball game. This is true because the player did not intend to break a window. He was merely trying to get a hit.

Another example: it is a vandalism for your girlfriend to come to your house and throw a baseball at your window after she found out you were texting another girl. This is true because she intended to break your window because of your actions.

In this case all we know is that Aldon was driving a car and attempting to park. There is no information that he knew the owner of the parked car and wanted to do harm to him. This is merely an act of bad driving.

There are many pending legal issues in Aldon Smith’s current legal matter that need to be analyzed further by the District Attorney’s Office.

4 Comments - Leave a Comment
  • William -

    Are you saying that he may actually be innocent. I thought he was clearly guilty when the news reported this but I may be convinced by your article that there is not enough information. I have served as a Juror in Fresno County 3 times and am surprised more and more at the types of cases that are going on. It’s not all black and white. Thanks for the article.

  • Eddie -

    I think he should go to jail for a few years. He doesn’t want to learn. I know your saying it would be hard to prove but this guy has had too many chances.

  • Leave a comment

    Your email address will not be published. Required fields are marked *