Driver accused of DUI in crash that killed OC 11-month-old released from jail

RANCHO SANTA MARGARITA, Calif. - The man accused of being under the influence when his car jumped a sidewalk and hit an Orange County family, killing their 11-month-old boy, has been released, according to officials.

Daniel Lenihan of San Clemente was arrested Sunday, April 2, on suspicion of driving under the influence of drugs, after the Hyundai he was driving went onto a curb near Rancho Santa Margarita and hit the Ohlwiler family, killing 11-month old Madden Ohlwiler in the process. Parents Kyle Ohlwiler and Hayley Ohlwiler were also hospitalized after the crash.

Lenihan was released on Tuesday on $0 bail, according to the California Highway Patrol, because the Orange County District Attorney's Office had yet to file charges in the case. Under California law, defendants must be charged within 48 hours of their arrest. Lenihan was released while the CHP and the Orange County Sheriff's Department continued to investigate what happened Sunday.

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The DA's office is seemingly waiting for Lenihan's toxicology results before filing charges. In a statement Wednesday, the DA's office said the CHP and OCSD have "asked for expedited toxicology reports," and once they get those, the case will be turned over to the DA's office, which will review the evidence and consider filing charges.