Andrew Phillip Ben, 28, was charged last month in 2nd District Court with failure to respond to an officer's signal to stop resulting in death, a second-degree felony punishable by up to 15 years in prison.

Prosecutors amended that charge to second-degree automobile homicide after test results confirmed Ben's blood-alcohol level was over the legal limit at the time of the accident, Deputy Weber County Attorney Branden Miles said Thursday. The charge is punishable by up to 15 years in prison.

A preliminary hearing for Ben was postponed Thursday after the public defender representing Ben asked for more time to review the case. Ben's next court appearance is scheduled for Aug. 18 before Judge Michael Lyon.

In addition to automobile homicide, Ben is charged with third-degree felony driving under the influence of alcohol and misdemeanor counts of leaving the scene of an accident involving a death, avoiding apprehension by police and driving without insurance.

Riverdale police said Ben ran a red light and slammed into a 1987 Honda Accord driven by Joseph Kirk at the intersection of 36th Street and Riverdale Road around 1 a.m.

Kirk, a 33-year-old father of two from Roy who worked for Delta Airlines, was ejected from his vehicle and died at the scene.

The incident marked Ben's fifth DUI, according to charging documents.