BOSTON (CBS) – The woman accused of killing a tow truck driver on Route 495 was arraigned from a hospital bed Friday on drunk driving, motor vehicle homicide and several other charges, though prosecutors say her blood alcohol level was below the legal limit.

The tow truck driver, 41-year-old Dan Coady of North Andover, was working at a crash in the southbound lanes in Andover late Wednesday night when he was hit by a Pontiac G6.

Coady was rushed to Saint’s Memorial Hospital in Lowell where he died.

The Pontiac driver, 28-year-old Shiina Dionne of Lawrence, was taken to Tufts Medical Center in Boston, where’s she’s being treated for serious injuries.

She’s charged with operating under the influence, negligent operation of a motor vehicle, motor vehicle homicide while OUI, speeding, failure to wear a seat belt and obstructing a stationary emergency vehicle. The charges were first reported by WBZ-TV’s Anna Meiler.

Prosecutors said tests taken at the hospital showed Dionne had a blood alcohol content of .03, which is below the legal limit. Investigators are working to determine if Dionne was under the influence of any drugs.

She allegedly told police she had three shots of vodka three hours before the crash. The defense pointed to dangerous road conditions, including reported black ice, during the time of the crash.

Coady had been a driver with Coady’s Towing for 25 years.

“He was a husband and father to his loving wife and sons. Our hearts are filled with sorrow by his loss. We ask for some privacy during these extremely trying times,” Frank Coady said in a statement.

Tony Brum, a friend of Dan Coady, said “we lost a very good man in the towing industry.”

“She needs to suffer the consequences,” he added.