If that turns out to be the case, he will be charged with intoxication manslaughter in the death of 2-year-old Estaban Estrada, who would have turned 3 on Friday.
The child was with his mother and his 22-month-old brother in the van, which was driven by his mother's cousin.
Sgt. Rodney Bangs, supervisor of the Traffic Enforcement Division, said evidence at the scene, specifically a container for an alcoholic beverage lead them to arrest the man at the hospital where he was being treated for injuries from the wreck.
Estaban's death was one year and a day since Officer Dwayne Freeto, left, died on the same highway, about a mile farther north, when his patrol car was hit from behind by a car driven by a man who was later indicted for intoxication manslaughter.
We're reminded of what the officer's father, Carl Freeto, said a few days later.
"Are we angry? No, that isn’t quite it.
"Are we looking for revenge? No. We pray this day for that young man and his family.
"We are not the only ones suffering.
"If you want to honor Dwayne, if you really want to honor him ... do not drink and drive.
"Not even once."
-- Bill Miller