Repeat drunk driver to stand trial for murder in Madera County

MADERA COUNTY, Calif.

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Richard Farias is accused of driving drunk when he crashed the car, but his blood alcohol content may actually help his case.

Prosecutors can't discuss the case because of a gag order, but in a preliminary hearing, they introduced evidence that Farias' blood alcohol content was .074, just below the legal limit of .08. One friend who was with him just an hour before the crash says he wasn't drunk.

The defendant's friend, Carrie Carroll said, "I know Rick when he's drunk and he wasn't drunk. He might've had one shot."

A police officer on the scene of the crash says Farias appeared intoxicated. Prosecutors are hoping that's enough to get a conviction against Farias, who has already been convicted of two DUI's in the last seven years.

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