Winston-Salem, NC -- Winston-Salem Police Chief Scott Cunningham said Wednesday that the driver killed during a crash with Representative Larry Womble was legally drunk.
Cunningham said that the toxicology report reveals 54-year-old David Carmichael had a blood alcohol content level of 0.29 when he died in a December 2 head-on crash on Reynolds Park Road.
State Representative Larry Womble was critically injured in the crash. Cunningham said that Womble did not have any alcohol in his system at the time of the crash.
Police said that Womble's car crossed the center line of Reynolds Park Road and hit Carmichael's vehicle. Womble remains in critical condition and police have not been able to interview him about the crash.
Cunningham said that despite Carmichael being legally drunk, his car was in the correct lane and driving at the speed limit.
Cunningham said charges could still come against Womble since he had crossed into the wrong lane and nearly hit another car before crashing into Carmichael's car.
Womble, 70, is a Democrat serving his ninth term representing Forsyth County in the state house.