How botched blood alcohol test in Johnny Gaudreau case could be a huge problem for prosecutors
Prosecutors in the Johnny Gaudreau case may have made a critical error by using a blood plasma test to determine Sean Higgins' blood-alcohol content, which experts say can yield falsely high results. Higgins' defense claims the test inaccurately placed his BAC above the legal limit, when adjusted results suggest he was below it. While the error could weaken the prosecution's case, legal experts believe other evidence may still support conviction.
- ▪Sean Higgins is accused of killing NHL player Johnny Gaudreau and his brother Matthew in a drunk-driving incident on August 29, 2024.
- ▪Prosecutors used a blood plasma test to determine Higgins' BAC, which defense experts argue is scientifically inappropriate and inflates results.
- ▪Higgins' toxicology expert, Gary Lage, found his BAC would have been .075 when adjusted, below New Jersey's .08 legal limit.
- ▪Legal experts say the state may still proceed with witness testimony and observations of intoxication even if the blood test is excluded.
- ▪Higgins faces up to 72 years in prison if convicted on all charges, including aggravated manslaughter and tampering with evidence.
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US News How botched blood alcohol test in Johnny Gaudreau case could be a huge problem for prosecutors By Priscilla DeGregory Published May 3, 2026, 8:40 a.m. ET Prosecutors appear to have botched the blood-alcohol test for the New Jersey man accused of drunkenly mowing down NHL star Johnny Gaudreau and his brother, experts told The Post. Sean Higgins wants the criminal charges against him tossed on the grounds a bad blood-alcohol content (BAC) test wrongly pegged him at .087 — above the legal limit of .08 — when he was actually at .075, his lawyer claimed. New Jersey legal experts said there is merit to Higgins’ arguments that the blood test is likely to be a major factor at trial. 5 The prosecution of Sean Higgins messed up his blood-alcohol test, experts said.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at New York Post.
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