ALBUQUERQUE, N.M. (KRQE) –  The man convicted of driving drunk and killing a seven-year-old boy outside of the River of Lights could have his sentence reduced after a recent New Mexico Supreme Court ruling. In 2016, the legislature increased the basic sentence for homicide by vehicle DWI. They did not amend the part of the law that allows inmates to earn credit for time served which states DWI homicide is a non-violent crime. Appeals court will not rule on Hannah Gutierrez’s appeal until 1st Judicial Court ruling During sentencing, Almanza's DWI homicide charge was considered a serious violent offense. That means he would have to serve 85% of his sentence before he's eligible for release. The state Supreme Court ruling means the district court needs to amend his sentence enabling Almanza to earn 50% good time credit on the DWI homicide conviction.