Although Mr. Moreno-Avalos initially denied being behind the wheel, both the person making the 911 call and his brother contradicted him, the police report said. A breathalyzer allegedly measured a blood alcohol level of .21 percent. In California a level of 0.08 percent is considered above the legal limit for driving.
He pleaded no contest to the charges. The judge sentenced him to one year in county jail or completion of a long-term residential treatment program, in addition to three years of probation. Mr. Moreno-Avalos, who has a prior conviction for drunken driving, was also assessed $340 in fines and $100 per month for supervised probation, and will need to complete a program for repeat offenders.
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