Laboratory test results have concluded that Assemblyman Roger Hernandez was legally drunk when arrested last month in Concord.
Hernandez’s blood-alcohol level was 0.08 percent at the time of his test, police said in a written statement. His case will be turned over to the Contra Costa District Attorney’s Office for review.
Hernandez’s office did not immediately respond today to the announcement.
State law deems motorists with a blood-alcohol level of 0.08 percent or higher to be driving under the influence of alcohol.
Hernandez, D-West Covina, was stopped by officers in the parking lot of the Crowne Plaza Hotel about 2 a.m. on a weekday, March 27. His car had been spotted weaving inside a lane on Concord Avenue, officers said.
Hernandez has maintained he was not impaired but DID refuse a breath test at the scene of the arrest.
I will update the story later.