The attorney for "Prison Break" star Lane Garrison refuted a TMZ.com report claiming five eyewitnesses saw the actor do "several shots" of vodka at a party over the weekend before getting behind the wheel of his SUV and crashing it into a tree, killing a 17-year-old passenger.
"Our position has always been that police have his blood and that's going to be tested and that's going to show how much alcohol was in his system," Los Angeles lawyer Harland W. Braun told FOXNews.com. "That's the evidence, not what people think they saw."
On Monday, Beverly Hills police said Garrison, 26, was exhibiting "symptoms of alcohol intoxication" at the scene of the Saturday night crash, which happened just before midnight near Beverly Drive and Olympic Boulevard. Garrison struck the center median, lost control of his 2001 Land Rover and smashed into a tree.
A 17-year-old boy who was riding in Garrison's sport utility vehicle died of his injuries later that night at the hospital. The other two passengers, both 15-year-old girls, were hurt in the accident.
Lt. Mitch McCann told FOXNews.com Monday that investigators removed several containers of alcohol from the SUV registered to Garrison. He declined to disclose what kind of alcohol containers they were.
But Braun questioned why officers didn't take Garrison into custody if they suspected that his alcohol consumption caused the crash.
"Why wouldn't they arrest him if they thought he was intoxicated?" said Braun. "They took him to the hospital. They didn't take any field sobriety tests." Instead, a blood test was taken at the hospital, he said.
McCann said police were investigating what happened thoroughly before they took any action.
"There was a fatality involved. It's going to be a long process," McCann said Monday. "They're going to reconstruct the whole accident and make a decision about whether any charges will be involved. This is very serious, so we want to make sure we get everything locked down."
McCann said that if police determine Garrison was drunk at the time of the accident, charges could be filed against him because the crash resulted in a death.
Braun said his client was unconscious at the scene and has no memory of the accident.
Garrison met the three teenagers earlier that evening at a local supermarket, according to his attorney. They recognized the actor, approached him and asked him to accompany them to a party, Braun said.
"They were fans of his," the attorney said.
Garrison went with them and had one drink, his lawyer said. He had plans to meet a woman later that night, so he left and headed back to the grocery store, according to Braun, who said the teens asked if they could go with him and he obliged.
TMZ.com reported that five guests at the party said Garrison brought a bottle of Grey Goose vodka, began doing shots of it and offering it to others. Photos were snapped of Garrison drinking alcohol, eyewitnesses told TMZ.
The eyewitnesses say Garrison later returned to the grocery store to buy more liquor and took the three teenagers with him.
Braun didn't explain why Garrison was going back to the supermarket before his "rendezvous with a young lady."
Garrison played David "Tweener" Apolskis on FOX's TV series "Prison Break" until earlier this season, when his character was killed off. He is currently filming the movie "Shooters," which is scheduled to come out next year.