BY JAY WEAVER

 The blood-alcohol level of Elian Gonzalez's great-uncle Lazaro was at more than
 twice the legal limit when Miami Police arrested him on drunk-driving charges
 three years ago after he was spotted swerving between lanes one block from his
 Little Havana home, according to court records.

 Lazaro Gonzalez's alcohol level registered .178 on his Breathalyzer test, records
 show. Five minutes later, his second test recorded .128. He refused to take a
 third test.

 Florida's legal limit is .08.

 Since late November, Elian's great-uncles in Miami have been fighting to block the
 federal government's decision to send the 6-year-old back to his father in Cuba.
 Elian lost his mother on a tragic boat trip from Cuba to Florida during
 Thanksgiving week.

 The drunk-driving convictions of Lazaro and his brother Delfin Gonzalez this week
 became an issue in the dispute over the boy's custody.

 In the police report on Lazaro's most recent arrest, officers said he ``had extreme
 poor balance, red, glossy, bloodshot eyes [and] slurred speech'' when he got out
 of his red 1983 Ford Thunderbird at 12:18 a.m. on Feb. 2, 1997.

 ``[He] was in a total daze,'' the police arrest complaint said, noting Gonzalez was
 so impaired he was unable to perform roadside sobriety tests near his home at
 2319 NW Second St.

 Gonzalez, 49, found guilty of a misdemeanor, lost his license for a year, paid
 $884.25 in fines and court costs, and had to perform 50 hours of community
 service and take a substance abuse course.

 ANOTHER ARREST

 The conviction marked the second time in the 1990s that Gonzalez was convicted
 of driving under the influence of alcohol in Miami-Dade County. His first conviction
 came in 1991, but court records for DUIs are no longer available dating back that
 far.

 Gonzalez did not return calls from The Herald after messages were relayed to him
 through his attorneys. The family's spokesman, Armando Gutierrez, declined to
 comment after saying on Wednesday that the great-uncle had learned from his
 mistakes and that his two DUI convictions would not affect his custody bid for
 Elian.

 Gonzalez's brother Delfin, 62, who lives in Marathon in the Keys, also has been
 convicted twice of drunk-driving charges during the past decade -- first in Monroe
 County in 1991 and then in 1997 in Miami-Dade County. Delfin Gonzalez
 frequently visits his brother's home in Little Havana.

 Police stopped Delfin Gonzalez after he was caught driving east -- the wrong way
 -- against traffic on Flagler Street, approaching Northwest 18th Avenue. As he got
 out of his black 1984 Ford station wagon at 12:15 a.m. on May 17, 1996,
 Gonzalez ``immediately fell back against his vehicle.''

 `STRONG ODOR'

 ``I could smell a very strong odor of an alcoholic beverage on his breath,'' the
 arresting Miami police officer said.

 Delfin Gonzalez's blood-alcohol level registered .133 on his Breathalyzer test --
 almost twice the legal limit, court records show. He refused to take a second
 test.

 He also failed his roadside sobriety tests, according to records.

 He lost his license for a year, had to pay $849.25 in fines and court costs, do 100
 hours of community service and complete a substance abuse program. He could
 not be reached for comment Thursday.

 In particular, Lazaro Gonzalez's drunk-driving history will likely damage his
 credibility as he seeks temporary custody of Elian in Miami family court --
 especially because he has such tenuous rights to represent the boy's interests in
 the first place, legal experts said.

 EFFECT ON CUSTODY

 They stress that federal immigration officials have already determined that his
 surviving parent in Cuba, Juan Miguel Gonzalez, is a fit father and the only person
 who can speak for the boy. And he wants his son returned immediately, refusing
 to participate in a March 6 temporary custody hearing in family court.

 ``The issue is, is this father going to inflict abuse, neglect and abandonment on
 his child? The relatives here don't even challenge that,'' said Miami attorney
 Brenda Shapiro, who has served as a juvenile guardian in numerous family
 custody disputes.

 Shapiro stressed that Lazaro Gonzalez's drunk-driving problems further jeopardize
 his slim chances.

 ``If I were the attorney representing the father, I would point out that the
 great-uncle is hardly an example of someone I would want to raise my child,''
 Shapiro said. ``I would make it clear that I wouldn't want my child riding with him.''

 Herald staff writers Ana Acle and Andres Viglucci also contributed to this story.

                     Copyright 2000 Miami Herald