Doctors at Children's Hospital & Research Center, Oakland told officers that the next three days are crucial for the 3-year-old, who has remained in critical condition with major head injuries since being ejected from the vehicle during the 1:23 a.m. crash, Maguire said.
The crash occurred on westbound state Highway 4 in Antioch west of Somersville Road.
Nicole Berry, a 23-year-old Pittsburg resident, was driving with five passengers in a 2004 Mitsubishi when, possibly because of a high level of intoxication, she swerved to the right and went off the road, the CHP reported.
She then yanked the steering wheel to the left to get back on the road, which caused the vehicle to roll several times, Maguire said.
The 3-year-old and his 8-month-old brother were not properly restrained and both were ejected from the vehicle. They suffered major head trauma and were transported to Children's Hospital.
Berry, who was also not properly restrained, suffered major head injuries as well as a broken wrist. She was taken by helicopter to John Muir Medical Center in Walnut Creek.
She will likely be released from the hospital within the next three days, Maguire said today.
The CHP allegedly found evidence that Berry had been intoxicated at the time of the crash and will be presenting the case to the Contra Costa County District Attorney's Office and recommending charges, Maguire said.
The children's mother, 25-year-old Pittsburg resident Shawna George, along with two other passengers, Jessica Wagner, 18, of Pittsburg, and Roger Rivera, 25, of Concord, suffered minor injuries.