Sean Higgins, the drunk driver that fatally struck Johnny and Matthew Gaudreau, is fighting to have his indictment tossed, alleging that the Gaudreau brothers were both drunker than him at the time of the deadly hit-and-run. Higgins detailed the Gaudreau brothers’ blood alcohol levels in new court documents filed Tuesday seeking to have his charges dropped. Higgins’ blood alcohol concentration was listed as being 0.087% — just over the legal limit, court papers state. Tests also showed Johnny Gaudreau’s blood alcohol concentration level was 0.129% when he was killed, while Matthew’s had a reading of 0.134%, according to the filing. Higgins’ attorney did not argue in the new filing that the Gaudreau brothers’ blood alcohol levels played any role in the crash. Higgins still faces over 60 years in prison if convicted.