Police say Rashad Owens drove a stolen car down Red River Street killing two people and injuring 23 others.
He submitted to a breathalyzer test and blew a 0.114.
According to state law, two or more deaths must happen in the same criminal act before a capital murder charge can be filed.
This explains why the state has only filed one charge.
"The car drove two feet in front of us and the person that was across the street from us got hit and flew back onto us," said eyewitness Nyjil Cheru.
Police reports state bodies were flying everywhere when 21-year-old Rashad Owens drove the wrong way down a one way street early Thursday morning.
Nyjil added, "There was another lady that got hit on the right side of us. She had head damage and she was bleeding from the head."
Barricades were in place for the South by Southwest festival and police officers were in the area, but police say he kept mowing people over, killing two and injuring 23 others.
"You can't stop somebody that is bent and has no respect for the sanctity of life," said Police Chief Art Acevedo.
People want to know if the city and Police Chief Art Acevedo will consider using concrete barriers in the future.
"We cannot use that model because we have tens of thousands of people through out this event. We have medical emergencies going on a regular basis," answered Acevedo. "God forbid there's a fire, a seizure, a heart attack an assault, we have to get our first responders there."
Nyjil added, "It was a great effort on everybody's side and a lot of people were probably saved because of that."
People are out enjoying themselves, but this post it note, on this barricade, it's just another way they're showing they haven't forgotten.
They're grateful to be alive and they're realizing how close of a call it really could have been for any one of them.
"I just almost got run over on the way here by someone texting...you just have to be careful if you ride a bike," said SXSW attendee, Miguel Guerra.
"I haven't seen people jaywalking everything like crazy. That was a big issue before. People didn't care about the light. They just started walking. And now I see people just, look both ways before they cross the street," added Nyjil.
"It's not by happenstance that we've had such great success," said Acevedo. "It's a very well thought out process."
"I feel good that they're out here, you know, taking care of everybody," said Nyjil.
In the 27 years of South by Southwest, never has there been a crash so deadly.
In the arrest affidavit he tells police he ran because of an outstanding warrant and didn't want to go to jail for five years.
With the capital murder charge, he's looking at life in prison without the possibility of parole, if he's found guilty.
If the district attorney decides to pursue it, Owens could also be facing the death penalty.
More charges are expected to be filed against Owens.
His bond is set at $3 million.