COLORADO SPRINGS, COLO. -- A Colorado Springs woman and her husband are fighting for tougher DUI laws in New Mexico after losing their unborn son in a crash with a drunk driver.

Mommy and Daddy to be Aileen and Zachary Smith were anxiously awaiting the arrival of their first child, a boy, Dimitri.

The two were on their way to California for a baby shower and had made it to New Mexico when the unthinkable happened.

"We were on the road maybe six hours," Aileen said.

"There was a car driving slowly in the right-hand lane so I changed lanes to pass and he turned left completely across our lane," Zachary said.

"My husband stomped on the breaks and jerked the wheel to the side to try to avoid hitting them but we were just too close," Aileen said.

Aileen was seven months pregnant at the time and was severely injured in the crash, but all she could think about was her unborn son.

"My water broke instantly, so obviously that was my primary concern. I was conscious the entire time, and I mean everyone that was coming up to the car 'Are you ok? Oh my gosh we saw what happened,' that was all I could tell them was 'I'm pregnant. Get an ambulance. Get me out of here,'" Aileen said.

The family was rushed to the hospital where doctors performed an emergency C-section on Aileen.

"They told me that the head of surgery was in and the head of pediatrics was in the room and they were doing everything they could do, and I believe them. But I was just standing outside the door praying. That's really all I could do," Zachary said.

Despite their best efforts, Dimitri didn't make it. He lived only about 60 seconds outside his mother's womb.

"I woke up and I was already reaching out for him. The whole team was moving me over into recovery and the nurse leaned in and told me he had passed," Aileen said.

"It was devastating. I mean, it's my first son, it's my first child. It was a nightmare," Zachary said.

To add to their nightmare the family later found out the driver in the other car was drunk.

"I thought that was crazy, noon on a Sunday. Who's drunk at noon on a Sunday?" Aileen said.

Not only that but the driver, 43-year-old Ramon Hernandez, had four prior DWI convictions and his license was revoked at the time of the crash.

"I want justice for Dimitri. I was justice for my son," Aileen said. "People who drink and drive, they need to be punished."

The Smith's are now using their story to push for stronger laws in New Mexico and across the U.S. hoping to spare others from their pain.

"Maybe what we went through and the things that we experienced can help stimulate some chance in New Mexico, maybe help spare other innocent families out there," Aileen said.

Smith said in New Mexico someone can have up to seven DWIs before there are any real consequences.

The Smith's have started a petition on change.org and have already acquired close to 2,500 signatures.

"We can use that as persuasion to New Mexico and the rest of the states. We're hoping to start with New Mexico and broaden it out and help other states strengthen their DWI laws and help everybody," Zachary said.

The family is also working closely with New Mexico's Governor's office.

"I want to see justice for my son. I want DUI laws at least as they're written to be enforced properly, and if not I plan to try to work with the Governor's office and strengthen the laws and see that they're enforced properly because if the laws had been enforced properly then it never would have happened." Zachary said.

A Colorado attorney said while each situation varies, he believes that Colorado is one of the tougher states when it comes to DUI laws.

"Colorado in 2009 enacted a sentencing enhancer, meaning that if you submit to a chemical test and the test is above a .20, then you're facing a minimum mandatory 10 days in jail," Attorney Tim Bussey said.

Second time offenders also face mandatory jail time.

"Second offender mandatory 10 days jail, if you have a prior offense. Third, mandatory 60 days. That doesn't keep a judge from giving you more on top of that," Bussey said.

Hernandez walked away from the crash and has plead not guilty to charges of vehicular homicide.