Thirty-year-old Jonathan Carrillo had five prior DUI arrests before he was taken into custody on Sunday night.

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Funeral plans are now in the works for a Stanislaus County Sheriff's deputy who was killed in a crash on his way to help get a suspected drunk driver off the roads.

Deputy Tony Hinostroza was a 19-year veteran of the department. The crash happened at the intersection of Claribel Road Terminal Avenue in Riverbank. The car is almost unrecognizable.

The suspected drunk driver, 30-year-old Jonathan Carrillo, who the deputy was chasing, is now in custody. The sheriff's office says he had five prior DUI arrests.

Riverbank Police deputies responded to reports around 9:40 p.m. of a man passed out behind the wheel of a silver Cadillac Escalade in the intersection of Oakdale and Patterson roads, officials said. Sheriff's officials said when deputies approached the driver, later identified as Carrillo, he fled, leading deputies on a car chase.

After his SUV was stopped using spike strips, officials said Carrillo ran away on foot and started fighting with deputies. Deputies used a bean bag gun to take him down and arrest him.

"This is an individual who has five prior arrests for DUI," Sheriff Adam Christianson of the Stanislaus County Sheriff's Office said.

Carrillo has already served nearly two years in state prison for his fourth DUI. He lost his license for his fifth felony DUI, which happened in summer 2018 and is still pending. He was only two weeks away from his next court date when the chase happened.

"He should still be in prison, he never should have been released from prison, but unfortunately, we release people who are a danger to society and this is the result, this is what happens," Christianson said.

A criminal defense attorney told ABC10, after the second DUI, and every DUI after that, drivers are supposed to get what's called an ignition interlock device installed on their car. When this device is installed, drivers must blow into it and prove their sobriety before than can start their car.

"It's just a way to check and balance to make sure that the person who is driving is sober and not reading any amount of alcohol while driving," Megan Virga, a criminal defense attorney, said.

After the third DUI, the court considers them to be a habitual traffic offender.

"What that means is [the] DMV can impose a driver's license suspension for a certain amount of time, but then the court can override what the DMV is doing and say, 'we want your license to be suspended for up to 10 years'," Virga said.

After the fourth DUI and every drunk driving offense after that, each one is considered a felony. This is when a driver would also be subject to up to three years in state prison. Stronger fines and longer sentences are in place for the fifth DUI.

But Virga says there are still people out there who skirt the system. Carrillo, for example, had his license suspended back in June. According to deputies, he should have not been behind the wheel.

"Family members, friends, don't realize people have a suspended license and all of the sudden, they're borrowing someone's vehicle and they're getting another DUI and that vehicle is not equipped with an ignition interlock," Virga said.

Sheriff Christianson blames this on the county's realignment program, which can release lower level offenders early.

"Instead of holding people accountable for the crimes they commit and the victimization and the exploitation, and creating risk and danger for the innocent people in the community, we just let them all go and put them in a program," Christianson said.

He believes if Carrillo wasn't released from prison, Deputy Hinostroza would still be alive today.

"Because there are people who deserve a second chance, there are people who do want to leave behind a lifestyle of destructive choices, then there's this guy, he should be in prison for the rest of his life," Christianson said.

Carrillo pled not guilty and he is being held on $500,000 bail. He will be back in court on Monday, Dec. 3.