A 22 year old man accused of causing a drunk driving accident which killed a man and injured two others is still in jail tonight.

He's staying put after a second failed attempt to have his bond reduced.

22-year-old Steven Frizzell's defense attorneys say he has been jail for 18 months. They're doing everything they can to get him out and into a drug and alcohol treatment center. His lawyers filed a motion to reduce Frizell's bond from $200,000 to $75,000 under the condition he go to an inpatient church drug program.

" Does he need treatment? Absolutely. Is this the right route to take? Absolutely not," said Jay Woods, the Asistant District Attorney.

But Judge Don Poole agreed with prosecuters who say Frizzell had his chance. He made bail last September after he was arrested for a drunk driving accident where he killed a man and injured 2 women. He was forbidden from buying alcohol and just 6 days later he was caught at a gas station buying beer.

" He's a danger to society, totally. You know he had his bond. He had his chance and what did he do? You know, you don't do that," said Marjorie Frizzell, a victim's family member.

" He is a danger the public. So at this point in time based upon that the court will overrule the motion to reduce the bond and keep it as it is at 200 thousand dollars.That is not necessary," said Hamilton County Criminal Court Judge Don Poole.

Family members say this is just another step into the process and although they're relieved he's not out on bond they'll continue losing sleep until the trial is over.

" He took a loved one from us. You know he took a very special person from the family," said Frizzell.

The trial was delayed a few weeks ago when burnt popcorn set off fire alarms and the courthouse was evacuated. The judge said that disrupted the jury selection process. They will pick a new jury and begin the trial on November 11th.