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UPDATE: Assemblyman Hernandez Was “Intoxicated” When Arrested

Blood test results showed that he had an 0.08 percent blood alcohol level.

Lea versión en Español

Assembly Member Roger Hernandez, was “legally intoxicated” according to blood test results taken when , the San Gabriel Valley Tribune reported Wednesday.

Hernández, whose district includes Baldwin Park, had an 0.08 alcohol blood level at the moment of his arrest, which is considered legally intoxicated, according to the Tribune.
 
After the incident last month, the legislator told the Sacramento Bee that he hoped the evidence will “show that he was not drunk.”  Subsequently, Hernandez

“I want my constituents to know that I am very sorry about this incident because it is embarrassing for my community and it’s unfortunate that negative news reports will be a result of this,” he said to the Sacramento Bee. “However, in the end, the results will be in my favor,” he added.
 
The investigation has been transferred to the District Attorneys Office in Contra Costa County for review, the Tribune said.

UPDATED 6:00 p.m. Statement from Assemblymember released:

“The results from the blood alcohol test released today are a huge wake-up call for me.  I may have made a poor judgment thinking that I was sober enough to drive after a couple of drinks over the course of an evening.  Had I thought I was mentally or physically impaired to drive, I would not have gone behind the wheel of a car.
 
I look forward to fully looking into the specifics of the test for more information. I hope that others can learn from how dangerous it could be to drink any amount of alcohol prior to driving, as I have.
 
I offer my sincerest apologies to the constituents that I serve in the 57th Assembly District, to my family, colleagues, and staff for any embarrassment I may have caused.”

Frank April 26, 2012 at 02:22 PM
It dosen't matter if Roger Hernendez was drunk or not, the fact of the matter is that he was driving while intoxicated. What the hell dose "legally intoxicated" mean? I thaught, either you're intoxicated or you're not. Or dose it mean, I can drive if I can legally be intoxicated. Because illegally intoxicated, would mean I weant beyond the legal boundries of the legal limit. According to the DMV, under the influence is under the influence. So Is Roger going to get his driving priveleges suspended like it has been for any other citizen?
Carlos Aviles (Editor) April 26, 2012 at 04:08 PM
Hi Frank. Legally "intoxicated" means he can be prosecuted, his license suspended, etc, since -by definition of the law- he meets the legal level for being impaired to drive. We will follow up on this story to get you updates with your other questions.
Luis Alvarado July 11, 2012 at 09:21 PM
were are the updates?
Melanie C. Johnson (Editor) July 13, 2012 at 07:46 AM
Hi Luis. Assemblyman Hernandez is set to go to court on this case Aug. 7.

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