Metro: Nevada lawmaker was above alcohol limit when tested

Nevada State Sen. Edgar Flores, left, and State Assemblywoman Daniele Monroe-Moreno, speak with reporters following a news conference at Craig Ranch Regional Park Friday, Oct. 13, 2023, in North Las Vegas. Speakers discussed $15 million in federal grants to state and community groups to expand access to green spaces and trees in Las Vegas. Photo by: Steve Marcus

State Sen. Edgar Flores, D-Las Vegas, registered a blood alcohol content above the legal limit after being found asleep at the wheel, according to a toxicology report from Metro Police’s forensic lab.

An officer first saw Flores’ car stopped in the road near the intersection of North Lamb Boulevard and East Lake Mead Boulevard on Sept. 12 at around 3:20 a.m., according to Metro.

The first blood test, conducted at 7:35 a.m., showed a BAC of 0.082 g/100 mL, two-thousandths above the limit. A test taken an hour later found a 0.062 g/100 mL BAC.

But Flores and his legal team are maintaining the senator’s innocence regarding a DUI.

“They remain confident that his name will be fully cleared and reaffirm his commitment to working with both the community and law enforcement to ensure transparency and accountability,” his team wrote.

In a statement last week, his team said the Democrat was stopped after being tired from a “long day of work, community events, evening exercise, and a late dinner.”

The toxicology report, which Flores' team says he's not received yet, goes against the original statement on Sept. 15. At the time, the team wrote that Flores blew a 0.00 BAC on a breathalyzer and that they were “confident the blood test will confirm the same.”

They added that Flores fully cooperated and volunteered to take a breathalyzer and blood test at a Metro station.

Police say Flores denied a preliminary breath test, however, and that officers “determined that he did not perform most of the (field) tests satisfactorily.” The senator also told police he'd had a drink around midnight.

“The Senator acknowledges he was tired,” the campaign wrote last week. “While he and his team respect the officers’ diligence in ensuring public safety, our campaign is also reviewing whether his rights and privacy were properly respected.”

The only completed breath test Metro mentioned in the release from Flores' legal team was done at 2:46 p.m., which was required for Flores' release. He blew a 0.00 BAC.