A lawyer will ask the Hawaii Paroling Authority to lower the amount of time to be served by a first-time offender in a fatal 2009 drunken-driving crash.

Attorney William Harrison said he will ask for the lower minimum term after Circuit Judge Karen Ahn refused Monday to reduce the 10-year sentence for Bryan Thomas Miller III.

Miller was sentenced July 5 in the death of his friend Waika Carvalho, a former Kahuku High School star quarterback, in November 2009 in Laie.

Choking up and with tears welling in his eyes, Carvalho’s father, Lewalan Carvalho, said, "Hopefully, we can move forward. Every time we get called back to court, this opens everything up again. Unless you lose a child, you never know the pain. There’s a hole in my heart that will never be filled until I see him again."

Miller, then 19, was speeding and lost control of his pickup truck and crashed into the guardrail of Kahawainui Bridge on Kamehameha Highway. He had a blood alcohol content of 0.19, above the legal threshold of 0.08.

"He was speeding and drinking," Ahn said. "He was intoxicated. A passenger told him to slow down, and he didn’t."

The judge also noted Miller’s long history of alcohol and marijuana use, which that started in high school and ended in December. Miller could benefit from the longer supervision, she said, but added that she doesn’t believe he will spend the full 10 years in prison.

"I thought it was the correct sentence, and I continue to do so," said Ahn.

Harrison noted that Miller has no prior convictions and took full responsibility for his actions. Miller sat stoically in his chair in the packed courtroom during the hearing.

"I’m really, really disappointed at what the judge did," Harrison said afterward. "We have a young man here, first offense in his life."

Miller took the initiative to visit high schools to warn teens about the consequences of drunken driving, Harrison said.

"This kid went all the way out there, opened himself up, took total responsibility, and now he’s given 10 years with adult criminals in a prison system," said Harrison. "At best it should be in a juvenile system. He should be a youthful offender, not an adult offender."

Miller has a strong support system reflected by a petition with 332 signatures from community members who contend the sentence is too severe, Harrison said.

Carvalho’s mother, Karlotta Carvalho, said Miller will get the necessary help he needs with the imposed sentence. It will keep him and the community safe, she said as her voice wavered.

She said the family holds no hatred for Miller, but added, "There’s a consequence for every action."

Hawaii News Now video: Judge rejects deadly driver’s request to reduce 10-year prison sentence