SAN ANTONIO -

The formal sentencing of a convicted drunken driver who killed one man, injured three others and got probation has been delayed.

Jacob Perez, 24, has been in jail since his conviction in May on intoxication manslaughter and intoxication assault charges.

Though the jury's decision was probation, the judge ordered him into custody until a pre-sentencing investigation was completed.

His lawyer said that investigation was flawed and asked for -- and was granted -- a one-week continuance.

In the summer of 2010, Perez was going the wrong way when he crashed into a car killing 34-year-old Juan Urrutia and injuring three others.

The jury ordered 10 years probation but the judge has the option of sending Perez to jail for 6 months.