SAN ANTONIO -

The family of woman killed by a driver who was not legally drunk is pushing to reduce the blood alcohol content that constitutes drunk driving.

Gloria Rios said the man who killed her 36-year-old daughter got away with murder.

Even though he wasn't legally drunk, the police report said the driver had a blood alcohol level of .056.

“She died in a very ugly way , I'm sure it was very painful,” said Rios.

Back in March, Cathy Gutierrez was on the sidewalk at St. Mary's and Travis just after midnight when she was hit by the driver of an SUV.

Her family said the driver admitted to police he ran the red light, but since no officer witnessed it, the driver was never charged.

“We're told that even if there was a red light camera that the police, that was not going to be enough for them, " said Janice Wright, Gutierrez’ younger sister.

Wright is afraid what happened to her sister may happen to someone else's family.

“Running a red light is not enough even if you cause a life or cause serious bodily injury that's not enough, or drinking is not enough , if you're not over the limit of .08 than you're okay,” said Wright.

Last week, the National Transportation Safety Board voted to recommend states to lower the blood alcohol content from .08 to .05.

Gutierrez' family believes it's a step in the right direction.

"Obviously zero tolerance is our goal," said Wright. "This does show it does need to be changed, this gentleman was impaired enough to make the wrong decisions.”

San Antonio police says the driver who caused the accident that killed Gutierrez won't face any charges.

Gutierrez is survived by her husband, two siblings, parents, extended family and many friends.  

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