SANTA MARIA - 36 year old Benjamin Bettencourt is now facing the more serious charge of felony gross vehicular manslaughter while intoxicated relating to last month's car crash on Highway 246 between Buellton and Solvang.
The new charge was filed in Santa Maria court after 39 year old Jenny Clark of Los Olivos succumbed to injuries she suffered in the crash while Bettencourt was driving.
Clark had been in critical condition at Santa Barbara Cottage Hospital since the accident.
"If Mr. Bettencourt is convicted of gross vehicular manslaughter while intoxicated he faces a potential maximum sentence of 10 years", says Chief Deputy District Attorney Kelly Scott.
Bettencourt is also facing a felony driving under the influence charge for last month's crash.
Bettencourt was left a paraplegic after a car crash in 1998 in which he was driving that killed 18 year old Santa Ynez Valley High School student Leslie Alejo.
At the time, investigators determined alcohol was not involved in the 1998 accident.
Bettencourt was convicted of misdemeanor vehicular manslaughter but never served any time behind bars and eventually resumed driving in a modified vehicle to accommodate his disability.
Bettencourt's driving history, before and after the 1998 deadly, will be used in the current case against him.
"Prior to the 1998 accident, I'm aware that Mr. Bettencourt had a significant driving record", added Chief Deputy District Attorney Scott.
Benjamin Bettencourt did not enter a plea to the new charge against him.
He will return to court on December 21 for another arraignment.
Despite his checkered driving history, the District Attorney's office says this is Bettencourt's first DUI charge.
