Police arrested Victor Aldana, 22, and charged him with DUI manslaughter in the Sunday afternoon crash that killed 8-year-old Brian Hernandez-Chavez.
In a hearing Tuesday morning a judge ordered Victor M. Aldana, 22, held without bond.
Aldana was arrested Sunday after a fatal accident that seriously injured a mother and killed an 8-year-old boy.
Prosecutors said in Tuesday's hearing that Aldana's blood alcohol level was .15, nearly double the legal limit. He had been drinking since 9:30 a.m., at least five hours before the crash, according to the Commonwealth attorney.
Around 2:30 p.m. on Sunday, Maria Hernandez-Chavez, from the Lincolnia area, was crossing Duke Street near I395 with her 8-year-old son, Brian. Alexandria police said Aldana was driving his 1994 Honda Accord westbound on the street at the same time. Investigators said he drove his vehicle to the right side of the roadway, hitting both mother and son.
Brian Hernandez-Chavez was pronounced dead on the scene. His mother survived the impact, but suffered two broken legs and a fractured pelvis.
In court Tuesday, the prosecutor said according to witnesses, Aldana had ample opportunity to change direction before hitting the two pedestrians. The Commonwealth's attorney also said Aldana continued driving after the accident, stopping only when his vehicle drove off the side of the road and down an embankment, finally smashing into a traffic control box.
During the hearing, the prosecutor said that Aldana's legal status in the country had not been verified, because he did not have a drivers license or a social security number. However, Alexandria police told News4 on Tuesday afternoon that U.S. Immigration and Customs Enforcement had verified that Aldana is a legal permanent resident.
Police said Aldana has an address in the Alexandria area of Fairfax County, and worked at a local KFC fast food restaurant.
His next court appearance is scheduled for February 13.