Police say Ian Carlo May was intoxicated when he slammed into the concrete barrier on the Southwest Freeway at Edloe throwing his passenger from the car.
Department of Public Safety troopers want to remind everyone that just one bad decision could land you in prison, or even worse, it could kill someone you love.
Houston police say May, 22, was drunk when he was driving southbound on Highway 59 at around midnight. That's when police say he struck a concrete barrier flipping his sedan over into the HOV lane and then skidding.
His passenger, a 32-year-old man, was ejected and thrown 150 feet. He died at the scene. His name has not yet been released.
May was taken to Ben Taub Hospital where a sample of his blood was taken after police say he would not submit to a breathalyzer test. He is now facing intoxication manslaughter charges.
Several southbound lanes were shut down for hours during the investigation.
Troopers say no one ever thinks this is going to happen to them, so they keep drinking and driving.
"Drinking and driving is a choice, is a decision. I compare it to gambling. You go out gambling, you know you're going to lose. You may win, here and there, a few times, that's just to get you to keep coming back. Sooner or later you're going to lose big," said DPS Trooper Richard Standifer. "Drinking and driving, you come out here, you start thinking that you're going to be able to make it to the house. You may get away with it once or twice, but sooner or later, you're going to lose."
Texas has laws that enhance the range of penalties if you have a child under 15 with you in the car during a DWI, or if your blood alcohol level is twice the legal limit of .08.
What troopers stress is that a cab or a designated driver could be a choice that prevents tragedy.