Due to the driver's past DUI history, Kouris said he would not reduce the bail.
According to court documents, Jose Cano-Magdaleno, 38, was the driver in a fatal rollover accident which claimed the lives of his two oldest children and critically injured his wife. He is currently being held on $100,000 bail for two second-degree felony counts of automobile homicide and a third-degree felony DUI.
The accident occurred Sept. 30 near mile post 69 on I-80's eastbound lanes.
Utah Highway Patrol Trooper Cameron Roden said Cano-Magdaleno lost control of a 1988 Ford Escort carrying his entire family of seven. Roxana Guatalupe Miranda, 22, and Emily Cano, 10, died in the crash.
No one in the car was wearing a seat belt, Roden said.
Dalila Marisol Cano, 39, has been in University hospital since the accident with multiple injuries. She is expected to remain there for at least another month. She will require home care after she has been released, according to defense attorney Frances Palacios.
Cano-Magdaleno's youngest children -- Jose Magdeleno, 9, Yadira Miranda, 5, and Amie Cano, 5 -- were treated at Primary Children's Hospital following the crash. They are currently being cared for by family members.
Cano-Magdaleno, who has worked as a crane operator for the past 15 years, is on medical leave from his job. Kouris ordered that he be transported to all of his doctors and physical therapy appointments by jail personnel.
Palacios asked for $20,000 bail, an amount he said the family can afford based on the equity in their home.
Deputy Tooele County Attorney Gary Searle told the court Cano-Magdaleno has two prior DUIs in 2001 and 2002, and two other arrests in 2003 and 2004, but no court documents were filed. Cano-Magdaleno's blood alcohol level at the time of the crash was .17, more than twice the state limit.
Cano-Magdaleno will be back in court for a preliminary hearing Dec. 12.
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