In California, a person is legally drunk if they have a BAC of.08 or higher. The Harts and three of their children were found dead after the vehicle plunged into the Pacific Ocean on March 26 Two more are missing and another body has been found but not identified.
Sarah Hart earlier had faced allegations of mistreatment in Minnesota, where she and Jennifer lived when the children were adopted about a decade ago from Texas.
Jennifer and Sarah Hart were found along with children Markis, 19, Jeremiah, 14, and Abigail, 14.
In their final days, the family members left their home in Woodland, Washington, and headed south.
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Devonte Hart became the center of attention after the crash. Jennifer and Sarah Hart were white. California Patrol Capt. Bruce Carpenter said Friday, April 13, 2018, that toxicology tests found Jennifer Hart had an alcohol level of.102. The Washington State Department of Social and Health Services said the "now deceased children were identified as potential victims of alleged abuse or neglect", CNN reported.
The search along the south fork of the Eel River is north of where another search has been going on along the Mendocino County coast for members of a family of eight whose SUV plunged off a towering ocean bluff and into the surf line below.
Sandeep, 41, Soumya, 38, Siddhant, 12, and Saachi, 9, and their maroon Honda Pilot have been missing since last Thursday, the last time they were seen or heard from, according to the CHP.
The toxicology report also found that two of the adopted children and her wife, Sarah Hart, had a "significant amount" of an ingredient that can make consumers feel sleepy and is often found in allergy medicine like Benadryl.
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The presence of the substance has not been determined in the third child. None of the items were described in detail, Mendocino County deputies said.
Authorities have said data from the vehicle's software suggested the crash was deliberate, though the California Highway Patrol has not concluded why the vehicle went off an ocean overlook on a rugged part of coastline.
There were no skid marks at the scene, Carpenter said.
"I'm to the point where I'm no longer calling this an accident, I'm calling it a crime", Allman told HLN. A passerby discovered the SUV, seeing the wreckage at the foot of the cliff.
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