Defense attorneys say that the Gaudreau brothers were drunk at time of fatal crash last August and filed a motion to dismiss the case.

The NHL star had a 0.129% blood-alcohol content when he was struck and killed, allegedly by Sean Higgins, who blew at 0.087% BAC, defense lawyers said.

The driver accused of killing NHL star Johnny Gaudreau and his brother Matthew in New Jersey last year is fighting to have his indictment tossed — while alleging that the bicycling brothers were both drunker than him at the time of the deadly hit-and-run,