The beer cans at the scene of Emilio's serious accident could have been an indication, but the police incident report obtained exclusively by Eyewitness News is confirmation.
Completed just three days ago, it shows the Bellaire Police Department is now officially classifying the incident as a DWI. We've learned they don't do that unless the driver's blood alcohol content is above the legal limit.
But if that's not enough, the offender is listed as Emilio himself and according to the report, he used alcohol.
Still six weeks later, the Tejano star has not been criminally charged.
"We want to make sure we have all the evidence before we accuse a citizen of a crime," said Harris County Assistant DA Warren Diepraam.
Diepraam says while the accident and incident reports are complete, police are still working to get statements from two witnesses.
"Just because somebody or a police agency lists in a check-off box that somebody was over the limit, there are many other factors we have to look at," said Diepraam.
He won't share with us Emilio's blood alcohol content at the time of the accident.
"No citizen would want us to release their medical records if we don't charge them with a crime," he said.
And he says no matter what, there's no rush. Emilio remains in in-patient rehab and is not considered a flight risk.
The music star was thrown from the bus on impact and critically injured early Easter Sunday morning when it crashed on the West Loop at 59. Seven others on the bus were also injured and Emilio was driving.
Considering the alcohol in his system, KTRK legal analyst Joel Androphy says Emilio has a lot to worry about.
"He not only faces charges for what he did to himself, but also for what he did to others which will be obviously additional potential punishment for him," said Androphy.
On Thursday night, Emilio's longtime friend and agent Joe Casias had no comment. Emilio is listed in fair condition at Memorial-Hermann TIRR.