A two-year-old who was not strapped inside of a car seat was killed Monday night after getting ejected from a car that lost control driving down State Road 20 in Grass Valley, California Highway Patrol officials said.

According to CHP, 38-year-old Albert Silva was allegedly intoxicated while driving westbound on SR-20 when he began drifting his Ford Focus to the shoulder. While trying to get the car back on the road, Silva lost control and it overturned several times, CHP said.

The 2-year-old passenger was ejected from the car and was later pronounced dead at the hospital. Silva sustained major injuries in the accident.

Silva was placed under arrest and remains in custody at a local hospital.