SAN RAMON (KPIX 5) -- A confusing alphabet soup of bureaucratic agencies and California laws may be the reason Yarenit Malihan had a valid California driver's license the night she's accused of plowing into a disabled car on I-680 in San Ramon, killing a 3-year-old boy.
That was her second DUI arrest. Her first was just months before, in June. That time, one of her own children was in the car with her.
Malihan is the wife of an Alameda County Sheriff's Deputy.
Typically, officers pull the physical driver's license at the time of the arrest and a temporary license would be issued until the DUI case can be adjudicated.
California Highway Patrol spokesman John Fransen said, "Their driver's license is considered a valid California driver's license for that entire 30 days."
Fransen says when Malihan was arrested Friday night she had her valid license in her possession.
Fransen says the why and how behind Malihan's license status can't be answered by the CHP.
"I don't know how far along she was in terms of her admin per se hearing - that would be a question for Pleasanton Police Department or Alameda County District Attorney's Office. That would also be a question for the DMV," Fransen said.
He says the crash that left little Elijah Dunn dead was a drug related DUI.
Malihan is facing charges of felony DUI and gross vehicular manslaughter.
for more features.