A Lee's Summit man has been charged with felony DWI for allegedly causing a fatal crash in March on Interstate 470.

According to court documents, Dung N. Phan, 41, had been driving drunk and speeding on southbound I-470, just south of U.S. 40 and the Little Blue River crossing, the evening of March 5 when he rear-ended a car driven by 58-year-old Carl Martin of Lee's Summit, causing both cars to wreck. According to the Missouri State Highway Patrol, Martin's Chevrolet Trailblazer overturned – ejecting Martin, who was not wearing a seatbelt – and then burst into flames.

Phan's Toyota Camry became entangled in the median cable barrier. He told officers he did not know what happened, then at the hospital asked if the fatal accident was his fault. He said he had driving home from work and had “a couple shots of Hennessy” before his drive. Phan said he might have fallen asleep at the wheel; he had been up working since 6 a.m.

The state trooper questioning Phan had smelled alcohol on his breath and noticed glassy, bloodshot eyes when he got to the hospital. When Phan took a Breathalyzer test, his blood alcohol content, it showed 0.09. After being placed under arrest, Phan provided two blood samples – later determined to have a BAC of 0.126.

Investigators determined Phan had been driving about 84 miles per hour and Martin about 57 mph – in a 65-mph zone – when Phan hit Martin from behind.

Prosecutors requested a $25,000 bond. Phan faces at least five years in state prison and at most 15 if convicted.