A Boardman family is thankful their loved ones are alive after a multi-vehicle crash, but they are concerned that the person charged with causing it is out free as he awaits a court appearance.

21 News spoke with Jason Evans who is shaken after a driver accused of OVI hit he and his son, and this isn't the first time the driver has faced this charge.

"God was looking over us that day," Evans said.

Jason and his son Jacob were going to the store Wednesday to get supplies for Jacob's fourth birthday party when the unthinkable happened.

"I'm like, this car's flying," Evans said.

An oncoming driver hit Their minivan and two other vehicles in front of them on Kirk Road.

"He slams a newer Dodge SUV, pushes it like 50 feet into a yard, it spins. He was going so fast he came off that car, hit a Cadillac SUV in front of me, came off that car, and then smacked me. Most likely my car is totaled, I'm pretty sure it's totaled," Evans said.

The driver, William Deavers, was given a dose of Narcan and had just been released from jail five days before the crash.

He has been charged with operating a vehicle under the influence and as the standard protocol was released and ordered to appear in court.

"This person should not be on the road. This person should be doing something elsewhere. He should be in rehab, somewhere, in jail."

This isn't the first time Deavers has been cited with OVI either. He faced the charge last year, and it was plea-bargained down to a failure to maintain physical control of his vehicle.

Now for Jason, he keeps replaying the accident over in his mind and is dealing with shoulder pain. But in the end, remains grateful.

"I'm just glad my son's OK, and I'm OK."

Regarding Deavers criminal history, Austintown Police Chief Bob Gavalier says arrests are not handled based on previous charges, they treat each charge on its own and in this case followed OVI protocol.

Deavers is scheduled to be in court Monday.