Linda O’Leary, wife of businessman and “Shark Tank” investor Kevin O’Leary, had alcohol on her breath the night of a fatal boat crash in August, according to new documents.

In docs obtained by CBC News, police say they administered an alcohol screening test to Linda that registered an alert. Mrs. O’Leary then told the police that she drank vodka after the crash, but before she submitted to the breathalyzer. She also claimed she couldn’t recall exactly who gave her the drink after the fatal collision.

The O’Learys were riding on Lake Joseph in Ontario when they crashed into another vessel, killing 48-year-old Susanne Brito and 64-year-old Gary Poltash. Linda was allegedly piloting the boat when it slammed into the larger, 13-person watercraft. She was officially charged in connection to their deaths in September.

Both Kevin and Linda are being sued for wrongful death by Brito’s family, who are looking for punitive, exemplary and aggravated damages.

“For this grieving family, it is about obtaining civil justice so as to prevent these types of deaths and curtailing reckless and dangerous behavior from continuing on our lakes,” Patrick Brown, of law firm McLeish Orlando LLP, said in a news release.

“Linda O’Leary was not impaired; she is a highly experienced boater who was proceeding cautiously with due care and attention,” O’Leary’s lawyer, Brian Greenspan, told CBC News. “She collided with a totally unlit boat on a moonless night which was invisible to any prudent operator. No one could have avoided the collision,” he said.