Police say woman DUI when shot

The woman shot by an off-duty San Diego police officer during a traffic confrontation was driving drunk and had been using marijuana, according to police documents released Monday.

Rachel Silva’s blood-alcohol level was 0.15%, well above the legal limit of 0.08%, according to documents released at the order of a Superior Court judge at the request of the media.

Silva, 27, and her 8-year-old son were shot by Frank White, 28, during a confrontation between the two adults while they were driving in Oceanside.

In other court documents, police say Silva was tailgating White, followed him into a parking lot, pulled alongside his car, then sideswiped it as she backed up. White fired five times from his vehicle.

White told Oceanside officers that he feared for his life and the life of his wife, who was a passenger. Silva, who was driving without a license and has two drunk driving convictions, has declined to be interviewed by investigators but has filed a negligence claim at San Diego City Hall.

Oceanside police are set this week to turn the case over to the district attorney’s office, which will decide whether charges will be filed.

White, an officer for two years, has been on paid administrative leave since the March 15 incident.

-- Tony Perry