The boat crash involving Maryland Delegate Donald H. Dwyer is being investigated by a Howard County prosecutor in order to avoid a conflict of interest.
The Republican delegate admitted drinking alcohol prior to the crash, according to the Baltimore Sun.
The Anne Arundel County State's Attorney Office referred the case to another jurisdiction more than two months ago, not long after the August crash that seriously injured Dwyer and five other people, including four children, officials told the Sun on Monday.
No charges have been filed and the investigation is not complete.
Two other state delegates work in the Anne Arundel prosecutor's office, State's Attorney spokeswoman Kristin Fleckenstein told the paper, referring to Del. Ted Sophocleus and Del. Luke H. Clippinger.
Claude de Vastey-Jones, Howard County senior assistant state's attorney, was assigned to help consult on the investigation by the state Department of Natural Resources Police, according to Howard County State's Attorney spokesman Wayne Kirwan.
Dwyer was piloting one of two boats that collided on the Magothy River near Pasadena, Md. At a news conference after the accident Dwyer said his blood alcohol level was 0.2 percent, more than twice the legal limit. Investigators have not determined which boat was at fault and they expect the investigation to be complete in January.