LEXINGTON, Ky. (LEX 18) — An attorney entered a not guilty plea Wednesday afternoon on behalf of the teenage University of Kentucky student accused of DUI in the crash Saturday that fatally injured a 4-year-old boy.

Police say 18-year-old Jacob Heil had been drinking at tailgate party before he struck 4-year-old Marco Lee Shemwell, who was walking with his father along Cooper Drive.

Marco died Monday of his injuries.

Police said Heil had a blood-alcohol content of .051. The drunken driving threshold for adults in Kentucky is 0.08 percent or higher. However, because Heil is underage, he is charged with driving under the influence of alcohol higher than 0.02.

An attorney for Heil appeared Wednesday in his client’s absence and entered a not guilty plea.

An attorney appeared on Jacob Heil’s behalf. He entered a not guilty plea @LEX18News pic.twitter.com/SJgLld3xwv — Conroy Delouche (@ConroyDelouche) September 19, 2018

Currently, Heil remains on administrative release. His conditions are to have no further violations of the law and no more arrests. He is due back in court on Oct. 26. Additional charges have not been filed at this time.