Tonya Capallia-Eason has not yet been charged with a crime after Saturday night’s crash.
Capallia-Eason, 33, was behind the wheel during the Nassau County crash that killed her two sons and injured six other children.
Dad of children in Nassau crash: 'My kids should have never been down here'
The Florida Highway Patrol suspects alcohol was a factor and Capallia-Eason allegedly admitted in the hospital that she had several drinks before driving.
DCF testified Capallia Eason admitted in the hospital she had several drinks before driving @ActionNewsJax
— Bridgette Matter (@bridgetteANjax) October 26, 2016
Witnesses also say Capallia-Eason was impaired after drinking at a children's Halloween party.
DUI attorney Chris Carson says possible charges may not come out for up to two months.
He says investigators don’t look for a quick charge after a DUI crash with any deaths involved.
Photos: Two boys killed in Nassau County crash
Carson says investigators likely took a blood sample rather than conduct a breath test because it’s more accurate.
“Typically, when they are involved in a situation that has a serious injury or death, law enforcement is very deliberate in what they do,” said Carson. “As a result, they want to make sure the testing is done properly, which means sending it off to Tallahassee.”
When we asked about how Capallia-Eason was tested, FHP declined to give specifics, citing an ongoing investigation.
Carson says possible charges for Capallia-Eason depend on the lab test results.
In 911 calls, witnesses said driver drank before deadly Nassau crash
He says if it’s determined she was over the legal limit, Capallia-Eason could face two counts of DUI manslaughter for her two sons as well as additional DUI charges.
“If it turns out she is not over the legal limit when the lab tests come back, she could still be charged with vehicular homicide," Carson said.
Carson said both DUI manslaughter and vehicular homicide are second-degree felonies that carry up to 15 years in state prison.
There is one difference: Carson says in Florida, DUI manslaughter carries a new mandatory minimum of four years in prison.
The judge called this case a " staggering tragedy." @ActionNewsJax
— Bridgette Matter (@bridgetteANjax) October 26, 2016
Related Stories:
- Teen inside SUV describes moments before deadly Nassau County crash
- Neighbors: Mother was drinking before crash that killed 2 sons in Nassau County
STORY: Judge gives father custody of minor child, remains of 2 boys in Nassau crashhttps://t.co/fxvWUzCYTj pic.twitter.com/3BMMZkSkfB
— ActionNewsJax (@ActionNewsJax) October 26, 2016
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