The California Highway Patrol reported it has received toxicology results on the driver in the Jan. 13 fatality on Union Road and alleged she had alcohol in her system, but an agency spokesman declined to release the suspected blood-alcohol content until the investigation is finished.
The CHP arrested Breanna Stewart, 19 at the time, after the 3 a.m. wreck at Union Road and San Benito Street that killed 23-year-old Ryan McFall, a 2006 graduate of San Benito High School. The CHP initially accused her of driving under the influence and gross vehicular manslaughter. She was arrested after a hospital visit and now remains out on $100,000 bail.
That morning at the accident scene, the CHP conducted field-sobriety tests on Stewart, who would be considered over the limit with any amount of alcohol in her system. Investigators had been waiting for a toxicology report, which they recently received.
CHP spokesman Jaime Rios this week alleged the toxicology report showed Stewart did have alcohol in her system, but the officer declined to disclose the blood-alcohol content. He said the BAC percentage, though, would be included in any reports filed with the district attorney’s office.
The CHP potentially could recommend driving under the influence or driving under the influence with a BAC of over 0.08 percent, but it is unclear what charge the agency will request.
The CHP investigator on the case has some follow-up work to do, but Rios expects the agency will submit a report in the near future.
“It probably shouldn’t take that much longer because it’s a solo vehicle,” he said, adding, “We appreciate the public’s patience.”
