State Assemblyman Roger Hernandez from Southern California had a blood alcohol level of .08 when he was pulled over by Concord police last month, according to the police.
The lawmaker's case has been turned over to the Contra Costa District Attorney's office.
A .08 blood alcohol level is the legal limit for driving while intoxicated.
Officers in Concord stopped Hernandez, D-West Covina, "for weaving within driving lanes and failing to use turn signals" at 2:05 a.m. on March 27, police said.
At the time, police said he failed a field sobriety test so they arrested him on probable cause of driving under the influence.
Hernandez told the Sacramento Bee that he had "two, maybe three glasses of wine over the course of a period longer than four hours after dinner. I was not drunk. I believe the evidence will show that I was not drunk. I felt very clear and coherent. I felt very comfortable driving."
Hernandez was not immediately available for comment following Wednesday's alcohol level report.