The case is now attracting the attention of immigration officials because troopers with the North Carolina State Highway Patrol said the driver was in the country illegally.
Court documents state 28-year-old Jesus Alvarado-Velez was arrested on Knightdale Road and Old Milburnie Road.
He faces charges of felony serious injury by vehicle, driving while impaired, and driving the wrong way on a two-lane street.
The female victim, 44-year-old Lakeatia Daniels-Owens, suffered life-threatening injuries. She was taken to WakeMed where she's listed in critical condition.
Her husband, 44-year-old Leroy Owens, died from his injuries.
In court Monday, Leroy's sister, Theresa, and Lakeatia's aunt Renee, spoke.
"He took my brother away from here. He didn't have a chance when that guy hit him because he was able to drink and drive and just slam into them. It's just so unfair. My father has to grow up without a son now and I have to grow up without a brother. It is terrible what has happened here. And Lakeatia just fighting for her life. And I don't even think she is aware of what is going on right now."
"Even if justice does not prevail I know God's going to handle this situation," she continued. "Because it's unfair for this man just to walk in here. He gets to eat three meals. He gets to walk around and it's not fair how I had to get a phone call and get told that my brother was dead. It's not fair. It's not fair."
"We pray that the doctors are given healing hands to repair her," Renee said. "Yesterday, unfortunately, she went through a five-hour surgery. Things are pretty grave at this point. However she has two additional surgeries to go through over the next few days so we just ask the public to keep Lakeatia in your prayers."