Morgan Hill – A Sobrato High School student with a blood alcohol level over the fatal limit of .35 was taken to the hospital Wednesday after he was found in the passenger seat of another student’s car.

An alcohol level of .08 is considered legally impaired.

Morgan Hill police Sgt. David Swing said school resource officer Gary Cupps’ actions may have saved the student’s life.

“The passenger seat was reclined, the student was lying back, and in that position, he could have aspirated his vomit, if he had thrown up,” Swing said.

Cupps and one of the school’s student supervisors were at the vehicle waiting for the student who drove the car to return when they noticed the 16-year-old Sobrato High junior, lying in the passenger seat. There were alcohol bottles in the car. Cupps tried to wake the student, but could not, so he called paramedics. The teen was hospitalized for several days.

According to the DMV, an average-weight male reaches a .02 blood alcohol level after consuming one beer, or the hard alcohol equivalent of one shot. The alcohol is metabolized over an hour.

“To reach a level of .35, the lethal limit, there must have been a large amount consumed over a very short period of time, for the body to absorb that, not to metabolize it,” Swing added.

He said that Cupps was waiting by the car for the student who was driving the vehicle because he had been seen on campus apparently intoxicated.

“Some students were off campus drinking, and when this student was seen by a school administrator on campus, he was told to go to the office, but he didn’t go,” Swing said. “Fortunately, Officer Cupps thought he might return to his vehicle.”

The student who was the driver of the car was cited and released to his parents on suspicion of being drunk in public. His BAC was not available, Swing said.

The students were allegedly drinking liquor that was stolen.

Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at

md****@mo*************.com











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