The crash shut down all lanes of I-680 in San Ramon, while a medical helicopter landed to transport the toddler to the hospital.
This accident was not the first time Yarenit Malihan was arrested for being impaired behind the wheel. This time it was for drugs and the consequences were deadly.
RELATED: Woman arrested for felony DUI in I-680 San Ramon crash that killed 3-year-old
Investigators won't say what drugs Malihan used, but they did say her SUV rear ended a Camry that had pulled off the freeway, after the driver, Crystal Manoiki ran out of gas. Her children were buckled in their car seats, but the impact killed 3-year-old Elijah.
"Emotionally everyone is numb," said Chuck Minoiki, Crystal's father.
His grief has turned to outrage after learning the suspect's had a DUI arrest back in June for having a blood alcohol level above the legal limit. Malihan was pulled over in Pleasanton with her 10-year-old child in the car. Court documents show she pleaded not guilty to misdemeanor DUI and child endangerment and appeared for arraignment August 31st, just days before the fatal I-680 freeway crash.
"I've seen friends with a DUI, their first one and their license was suspended for a year, automatically, right off the top," said Chuck.
He believes the accident that killed his grandson and broke his daughter's ribs and back, could have been prevented had Malihan, the wife of an Alameda County Sheriff's deputy, had her license revoked back in June.
"The judicial system let her back out on the streets to drive again because of who her husband is," claims Chuck.
"She did have her driver's license in her possession, she was a valid driver," said CHP Officer John Fransen.
The DMV tells ABC7 News that Malihan's license was scheduled to be suspended in July but she scheduled a hearing, which effectively postponed the action until next month.
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Woman accused of driving drunk/killing a toddler in San Ramon had a previous DUI arrest and charge of endangering her own child.— carolyn tyler (@ctylerabc7) September 13, 2016