Yes. If you have a prior and/or high enough BAC.

An Escondido man was charged with murder 3/29/07 for a fatal hit-and-run accident in Solana Beach that killed a 40-year-old bicyclist.

If convicted, Brian Stephen Carnes, 41, faces a maximum sentence of 15 years to life in prison, prosecutor Brenda Daly said.

Carnes was arrested 90 minutes after the March 16 accident on suspicion of causing a hit-and-run accident while intoxicated.

Daly filed the murder charge based on Carnes' previous drunken-driving conviction and his blood-alcohol level at the time of the accident.

Victim Jeannie Franklin was riding south in the northbound bike lane on North Highway 101 near Solana Vista Drive when she was hit by Carnes' SUV when it crossed into her lane, according to authorities. The noon-time collision sent Franklin into a small tree, where the Solana Beach resident died despite quickly getting medical assistance from a doctor.

Carnes remains held in jail in lieu of $500,000 bail.


http://www.sandiegodrunkdrivingattorney.net