The man accused of hitting and killing an off-duty firefighter during a New Year's Eve crash will not be charged with drunk driving. Court records filed Wednesday show that Samuel Cremers will instead be charged with knowingly operating a vehicle while his license was suspended causing death. Cremers allegedly caused the crash that killed Lake Mills Fire Captain Chris Truman after Truman had pulled over to help a stranded motorist along the Beltline. Cremers' attorney says the preliminary breath test indicated his client's blood alcohol content was .079, just shy of the legal limit of .08. He is scheduled to appear in Dane County court on Thursday. He had been free on $5,000 bond while awaiting a charging decision in the case.