Nearly one year after the fatal crash, Max Irvine, 36, was arrested Wednesday on charges of BUI manslaughter, BUI causing serious bodily injury, BUI causing property damage and violating navigation rules resulting in an accident.

Witnesses say Max was traveling between 40 and 50 MPH when he crashed his 2000 31-ft angler head on into another boat in the Intracoastal Waterway. Max and his passenger crashed head on into a 1998 22-ft Twin Vee operated by Andres Neves and his passenger Juliani Da Costa Maria.

Neves and Maria were airlifted to Broward Health Medical Center where they both died due to sustained injuries while Max and his passenger were taken to the hospital with non life threatening injuries.

Bottles of beer were found aboard Max’s boat and authorities say his blood alcohol level reached .15, almost twice the legal limit.

Despite being convicted of two previous DUIs Irvine’s lawyer is claiming that his client was not drunk during the crash despite the results of the test.