Daniel Schuler

Daniel Schuler, left, with his lawyer, Dominic Barbara, before a press conference in Garden City, N.Y. (AP / August 6, 2009)

A prosecutor in upstate New York said the husband of the woman, who killed herself and seven others in a wrong-way crash, will likely not face a criminal charge.

Sullivan County D.A. Stephen Lungen said Tuesday, that so far, all the evidence they've collected indicates 36-year-old Diane Schuler was sober when she left the campground and was headed back to her West Babylon home on July 26. Her husband, Daniel, left in a separate vehicle.

An autopsy found Schuler was high on alcohol and marijuana four hours after leaving the campground when she drove the wrong way on the Taconic State Parkway in Westchester and collided with an SUV- killing all three men inside the vehicle.

Among those also killed in the crash: Schuler, her 2-year-old daughter and her three young nieces. The Schulers' 5-year-old son survived and is currently undergoing rehabilitation at a Queens hospital.

In order to charge Daniel, a prosecutor would have to prove he knew his wife was intoxicated when she was behind the wheel and failed to stop her before they left in separate cars.

"There would have to be some evidence presented to me that directly links the husband to the condition of his wife or with knowledge of the condition of his wife when she left with the children," Lungen said.

Daniel, met with state police for an hour-long interview on Friday. He has adamantly denied in public that the crash occurred because his wife consumed too much alcohol and was high on drugs.

Even if he's not criminally charged, Daniel could still find himself in court if the families of the victims sue him. A spokesman for the family of a father and son killed in the SUV have reportedly hired a lawyer and are exploring the possibility.