NHL star Johnny Gaudreau and his brother were drinking before they were struck on their bikes by an alleged drunken driver, court documents revealed last week.

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,

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.

Attorneys for Sean M. Higgins, the man accused of killing Johnny and Matthew Gaudreau in August 2024, claim his case is being impeded by the late hockey players’ fame. During a court appearance on Tuesday,