A man who ran over a 12-year-old Quebec boy last May has been convicted of driving while under the influence of alcohol, but was acquitted of drunk driving causing death.

The parents of Benoit Dupras are angry with a judge's decision not to convict Yvon Arsenault in their son's death.

Benoit was struck from behind by a pickup truck, while riding his bicycle home from a friend's house. He was in front of his grandfather Denis Dupras's house, in the town of St. Timothee, south of Montreal.

CFCF's Stephane Giroux said the Crown had to prove that the accident was caused by the alcohol.

He said there were several witnesses who said that when the accident happened, Arsenault was trying to avoid the boy, who was cycling on the highway.

Evidence provided by experts suggest the boy made a sudden change in direction into the middle of the highway, and that's when Arsenault hit him.

"And they came to the conclusion that even a sober person driving in the same condition would not have been able to avoid the impact with the boy," Giroux said.

Defence lawyer Richard Marleau said the ruling may be hard to understand, but the facts of the case suggest alcohol was not the prevalent factor in the accident.

"It was simply a bad manoeuvre from the boy with the bicycle who cut in front of the other vehicle," Marleau said.

Giroux said the victim's family is upset with the ruling. Their argument is the man was drunk and should not have been on the road, and if he hadn't been on the road, their son would still be alive.

This is Arsenault's third drunk driving conviction -- the first dating back to 1970. Since it is his third offence, he would normally face a minimum 90-day sentence.

However, he has been in jail for nine months awaiting trial, and because the judge can't sentence him to time served, he sentenced him to a symbolic sentence of one day in prison.

He will be on probation for two years, has been forbidden to drink, and has had his driver's licence suspended for the next three years.

With a report from CFCF News