If, as has been alleged, she slowed down and then sped up to plow them, that looks an awful lot like intent. She at least didn't feel moved enough to take any evasive actions which could be read as depraved indifference. Thankfully, the law allows for intent to be bypassed a bit with willful (read repeat) drunk drivers because of the reckless indifference to human life that these folks exhibit. There have been a few second degree murder convictions in SoCal using this tactic.