Not according to the report I read. It said that Fite was booked into jail on July 5th for BUI but posted $2000 bond and was released, but was not implicated in Starling/s death. The accident happened the night of July 4th so I doubt he was out BUI on the 5th. The Suggs had both been charged with misdemeanor criminally negligent homicide, not the felony version, which seems strange to me. If they were charged with BUI, why not go the felony route???