Exclusive video and new answers from fatal Briarcrest crash

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MEMPHIS, Tenn. -- WREG received new answers in the case of Melandus Penson, the drunk driver arrested for killing two Briarcrest High School students.

We obtained exclusive video of Penson getting a breathalyzer test shortly after the weekend crash.

Sources told WREG he was almost twice the legal limit.

After his arrest, WREG uncovered the loopholes that allowed this drunk driver to remain behind the wheel until he eventually killed.

Two 17-year-olds had to die before Penson was finally charged with a felony, despite this being his seventh DUI arrest.

Penson could face up to 100 years behind bars if he's convicted in this deadly crash.

WREG found out one of the reasons he's escaped any significant jail time before was because this was the first time he was tried as a felon.

"More than likely a plea arrangement where a defendant would say I'll accept responsibility and not go to trial if you'll give me the lesser charge of DUI first," said Ben Creekmore, District Attorney.

Creekmore tried to explain how Penson slipped through the cracks.

"What's troubling to me is that someone can be on a downward spiral and have multiple arrests within that 5 year period, and the system wouldn't be able to catch it until it's too late," he said.

Creekmore said all six prior arrests stayed in lower courts and never made it to his office.

He said that was a problem.

According to Creekmore, counties are supposed to update driving records for the state.

Now, Representative John Faulkner wants to know why that hasn't been the case.

"We can actually call in for an investigation if we want to have a stronger look at that, and that maybe what we end up doing in lieu of this situation," said Faulkner.

However, at this time Faulkner said he doesn't plan on asking for tougher DUI laws.

Penson's string of DUI arrests began in May of 2008.

He received another in 2012, 2013, and then two more in 2014.

He picked up another one in March of this year.

All were in Mississippi.

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