MILPITAS (KRON) – Alameda County District Attorney’s office said they convicted a DUI driver on Tuesday who killed one and endangered others.

On October 9, 2018, around 11:00 pm, Tyler Underwood was racing a friend on I-680 southbound, north of Scott Creek Road in Fremont after drinking.

While driving at 140 mph, Underwood lost control of the BMW vehicle, crashing down an embankment and ejecting his passenger Darren Walker.

Underwood’s four year-old daughter was also a passenger, as was another female adult.

Underwood begged a male passenger of the other vehicle to take the blame and say he was the driver. The male adult agreed and was initially arrested for the DUI crash.

No one on scene mentioned to authorities that Walker was missing from the vehicle after the crash. Walker’s body was not found until the next day, nearly 60 feet from the crash site, only after his mother inquired about her missing son.

Following the discovery of Walker’s body, everyone involved came forward and told the police the true story, except Underwood. Underwood initially claimed he was only a passenger in the BMW.

21 days later, Underwood finally admitted to authorities that he was in fact, the driver, but claimed to have only had one beer that night.

His blood alcohol level was found to be 0.158%, 90 minutes after the crash, nearly twice the legal limit.

Underwood had a history of DUI convictions, including five DUI-related charges in the 10 years before October 2018, including one just 44 days before the crash.

Underwood was found guilty of second-degree murder, misdemeanor driving when privilege suspended for prior DUI and misdemeanor unlawful vehicle operation, an infraction speeding greater than 100 mph, and an infraction for driving with blood alcohol .01% or above while on probation.

The jury also found the special allegations of reckless driving and speeding, bodily injury to more than one victim, and having a passenger under 14 to be true.