NEW ORLEANS (WWL) – Will Smith’s blood alcohol level was higher than .20, well above the legal limit in the State of Louisiana, when he was involved in an incident that ended with him being shot and killed April 9, a source said Tuesday.

Louisiana’s legal limit is .08.

That report could be turned over to attorneys for Cardell Hayes as early as Wednesday. Hayes is facing second-degree murder charges in Smith’s death. He also faces attempted second-degree murder charges in the shooting of Smith’s wife, Racquel.

Smith was shot and killed after a confrontation with Hayes that began, apparently, when Smith’s vehicle bumped into Hayes’ car on Magazine Street. Smith’s vehicle pulled off and Hayes followed behind.

Hayes’ vehicle eventually crashed into Smith’s a few blocks away and the two men got out and began arguing. After that, the facts are in dispute, with Hayes’ attorney John Fuller saying that Hayes shot in self-defense.

The long-awaited toxicology report could also reveal any other substance in Smith’s blood that could have been a factor in Smith’s car apparently striking Hayes’ vehicle and the argument and shooting that followed.

“Every fact that we know about this case is going to be examined under the umbrella of Will Smith’s impairment,” said WWL-TV legal analyst ‘Chick’ Foret. “The defense, I’m sure is going to argue, Will Smith didn’t stop because he was drunk.”

Wednesday’s proceeding, called a discovery hearing, could also produce any video of the argument and shooting that detectives found during the investigation.