Christopher Davis, who was convicted a fatal hit and run accident in 2003. (Credit: Dallas County)

DALLAS (CBSDFW.COM) – Nine years after killing two people, a hit-and-run driver may finally be going to prison.

Dallas County prosecutors were in court Wednesday to ask a judge to revoke Christopher Davis’s probation.

Davis, 36, was convicted of  two counts of manslaughter related to a fatal hit-and-run accident on July 3, 2003 that left a 16-year-old boy and a 43-year-old woman dead.

By the time police arrested him, it was too late to test Davis’s blood alcohol content. The jury, however, still convicted him. During sentencing, the judge declared a mistrial because the prosecutor in the case referenced his past criminal history, which wasn’t supposed to be considered, the family said.

Rather than face reliving their pain again, the victim’s families agreed to a deal that landed Davis with 10 years probation. As part of the requirements, he was not allowed to drink.

“We’ve been living in hell for nine years,” said Lisa Cantu, who lost her son, Ryan Harris, and her best friend, Caroline Crane, in the fatal hit-and-run accident.

Her younger son, Nathan Harris, now 17, was 8 years old at the time. He woke up from a nap to witness Crane’s body being ejected across his brother.

“Every war movie you’ve ever seen, (it was) 10 times worse than that,” Nathan Harris said. In his dreams, he said he replays the tragic incident. “It’s like a broken record that replays.”

Court records show witnesses called 911 and followed Davis home. Police later arrived and arrested him.

In 2008, while on probation, Davis was arrested on suspicion of drunken driving. He refused a breathalyzer and prosecutors could not convince the judge that Davis was driving intoxicated. Court records show they did, however, prove he had been drinking, which was a violated his court orders.

On Wednesday, the families were back in court to hear of Davis’s latest alleged violation. Court records show he skipped five different days of court-ordered alcohol tests. On March 30, records show, he registered a blood alcohol content of .2 –– more than double the legal limit.

Jenni Morse, Dallas County’s Assistant District Attorney, said the probation ordered Davis to take a breathalyzer test at home.

“The device tests the defendant’s breath alcohol content every few hours,” Morse wrote in an email.

These are the tests he skipped, Morse said, and also how the .2 was registered.

“This isn’t fair, no part of this is fair,” said Cantu. “And I realize that life isn’t fair. I get that, I do. But somewhere along the line, someone has to do something.”

But the judge failed to show up to the hearing, which has been postponed to July 27.

“It’s pretty hard when you have a high school junior playing on the football team, and all you hear is ‘mama,’ when he calls me … and you go in there knowing he has to relive it,” Cantu said.

An attorney representing Davis was not available for comment.