GILROY
– City Councilman Charlie Morales’ blood-alcohol level measured
nearly three times the legal limit June 29 when he was arrested in
San Benito County for drunk driving, according to charges filed
Monday by the San Benito County District Attorney’s office.
GILROY – City Councilman Charlie Morales’ blood-alcohol level measured nearly three times the legal limit June 29 when he was arrested in San Benito County for drunk driving, according to charges filed Monday by the San Benito County District Attorney’s office.
Morales, a member of Gilroy’s City Council since 1992, recorded a .23 blood-alcohol content following his arrest by the California Highway Patrol for driving erratically along Highway 25 south of the San Benito County line in the early evening hours of June 29. In California, .08 is the legal blood-alcohol limit while driving.
“It’s definitely impaired,” said CHP spokesperson Terry Mayes. She said a person of Morales’ build would have had to consume four to eight drinks in an hour to register a .23 blood-alcohol level.
The 56-year-old Morales is charged with misdemeanor driving under the influence of alcohol with one prior DUI conviction, according to San Benito County Deputy District Attorney Candice Hooper.
He will not be arraigned at the San Benito County Courthouse in Hollister until Sept. 2, but if convicted Morales could face 10 days to a year in jail, have his license suspended for 18 months and be forced to pay more than $1,500 in fines and court fees, according to state law.
Following a 1999 arrest in Gilroy, Morales plead guilty to driving with a blood-alcohol level more than twice the legal limit (.17) and is still serving his mandatory three-year probation for the offense. Violating that probation could bring a one-year jail sentence, along with other penalties, but that case will be tried separately from the DUI since his probation was in Santa Clara County. Morales was convicted of at least one other DUI before 1999, but the records have since been purged.
Morales did not return phone calls for this story, but following his most recent arrest he said he did not plan on resigning from City Council.
Morales’ term expires in November 2005. Aug. 8 is the filing deadline for citizens planning to run for one of the three City Council seats that will be open in the upcoming November election. If Morales resigns before Aug. 8, four of council’s seven seats will be up for grabs in the election.
On Monday, several members of City Council questioned Morales’ ability to serve the city and balance his upcoming personal and legal battles.
“I have a mixture of sadness and anger right now,” said Councilman Bob Dillon, who said he has been friends with Morales for 15 years. “This arrest is obviously a sign of a greater problem, and I think Charlie should step down to make sure he takes care of himself.”
Dillon, who has sat next to Morales on the dais since November 2001, said he respects Morales as a civic and community leader and is adamant that Morales was never intoxicated during council meetings.
Mayor Tom Springer said it is up to Morales to decide on his future with he council.
“I think at this point Charlie understands what he needs to do,” said Springer, who has spoken at length with Morales since his arrest, “and I believe he will do the right thing.”
According to the city charter, any elected official convicted of a felony or serving more than 60 days in jail will be removed from office.
If Morales is forced to resign his post following the November election, City Council will appoint a replacement.
“He needs to find time to deal with his issues, but I don’t know if he needs to step down (from City Council),” City Councilman Craig Gartman said. “But if he does resign, I would like to see it sooner than later so the people will have a chance to elect his replacement.”
Following his drunk driving arrest in 1999, Morales completed an alcohol abuse program at Community Solutions, paid more than $800 in fines and worked several hours of weekend labor, according to court records.
Several sources have said Morales enrolled in a treatment program following his June 29 arrest.
“This is very hard to Charlie because he puts so much of himself toward the city and the community,” Gartman said. “It’s something he’ll have to overcome.”
Zeb Carabello is a staff writer at The Gilroy Dispatch. Staff writer Eric Leins contributed to this report.
