MANCHESTER, Tenn. -- A mother said an illegal immigrant accused of killing her son may not even serve three years if he's convicted.

Video: Possible Sentence For Accused DUI Driver Frustrates Mother

Horatio Salazar is charged with drunken driving and the death of a 2-year-old boy after a crash in Manchester.

The crash happened at the intersection of Highway 41 and Highway 55 in Manchester.

Police said Salazar ran a red light and crashed into a minivan and that 2-year-old Alex Tsuji was killed on impact.

The district attorney’s office said Salazar is an illegal immigrant from Mexico.

They said Salazar has no driver’s license, insurance and was drunk at the time of the crash.

Salazar faces a maximum 12 years in prison but could serve nowhere near that. The Tsujis said they disagree on the sentence possibility.

One of the reasons Salazar could get a reduced sentence is because he has no prior offenses.

“The maximum he can possibly get on these charges would be 12 years,” said Assistant District Attorney Felicia Walkup.

The Tsujis said it is especially frustrating for them because Alex's father is a citizen of Japan and has a green card and is in the U.S. legally.

“Tennessee needs to enforce that law and hold everyone accountable for their actions, even illegal immigrants too,” said Lyn Tsuji, Alex’s mother.

Adding to their frustration, they said, the district attorney is considering making a plea deal and they are worried Salazar could receive an even lighter sentence.

Alex’s family survived the crash and hope that this case will make for more strenuous laws.