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West Covina Assemblyman Roger Hernández was driving drunk last month, police say

State Assemblyman Roger Hernández, D-West Covina
State Assemblyman Roger Hernández, D-West Covina

West Covina’s state representative was indeed legally drunk when he was arrested for drunk driving in the Bay Area town of Concord last month, police announced today.

Blood test results show that Assemblyman Roger Hernández had a .08-percent blood alcohol level when he was stopped at 2 a.m. on March 27, according to the Concord Police Department. At the time of his arrest, Hernández, 36, reportedly opted for a blood test over a breathalyzer, and results of that test took nearly a month to come in.

Between then and now the assistant majority whip had strongly maintained his innocence. As recently as five days ago he stated, “I do believe pending test results will make clear that I was in fact driving within the law.”

According to police, however, he was just outside of the law: The legal limit for drinking and driving in California is .08 percent blood alcohol concentration.

Today Hernández, a former West Covina city councilman, apologized to his constituents, calling the test results a “huge wake-up call” and noting that he may have made poor judgment in thinking he could drive that night in March.

Hernández has also fended off criticisms for the car he was driving at the time -- a state-owned Toyota Camry hybrid -- and for the passenger in it -- a Kaiser lobbyist, according to the San Gabriel Valley Tribune.

The case has been turned over to the Contra Costa County district attorney’s office, who will decide if Hernández will be charged.

-- Associated Press contributed to this report.