AG alleges mayor’s BAC was at least twice legal limit

EL CENTRO — The state Attorney General’s Office’s complaint against Edgard Garcia in his DUI case alleges the mayor was driving with a blood alcohol content in excess of 0.15 percent.

The legal threshold for blood alcohol content in California to be considered driving under the influence is 0.08 percent.

Garcia was cited and released by El Centro police about 10:15 p.m. May 7 near Aurora and Cypress drives for allegedly driving under the influence.

Police logs said Garcia initially refused to consent to a field sobriety test. The logs also reported he was originally cited for driving under the influence and driving with a blood alcohol level exceeding 0.08. However, the actual results were never released.

Technically, they still haven’t, but if the ballpark indicated by the Attorney General’s office is judged accurate, his penalty could be harsher if he is found guilty.

California imposes an enhanced sentence where the BAC is 0.15 percent or higher, including a driver’s license suspension for 10 months with a restricted license after one month with completion of ninemonth DUI education and counseling program.

California Attorney General Xavier Becerra in June announced the arraignment of Garcia for allegedly driving under the influence of alcohol.

“Driving under the influence and risking the lives of others is a crime that will be taken seriously,” Becerra said.

The California attorney general’s office accepted the case at the request of the Imperial County District Attorney’s Office because of a possible conflict of interest.

On June 14, the California AG’s office filed criminal charges against Garcia in Imperial County Superior Court.

Garcia was arraigned in El Centro June 18, where he pleaded not guilty. He is scheduled to be back in court on Aug. 5 for his next hearing.

The city of El Centro has called the DUI arrest of its mayor a private matter.

In an unrelated case, the Attorney General’s Office said it would have no comment on potential charges against Calexico Councilwoman Rosie Fernandez because of a pending investigation.

Fernandez is accused of a hit and run in early May and for an alleged DUI on July 6.