PALM DESERT, Calif. -

An elderly man may be charged with driving under the influence after crashing through a gate at a Palm Desert elementary school and injuring a student.

The Riverside County Sheriff's department says Malcom Patterson, 83, had alcohol in his system at the time of last year's wreck.

The department is recommending a DUI charge although Patterson was below the legal limit.

Patterson's license has already been suspended.

He plowed through a fence at Abraham Lincoln Elementary causing debris to hit 10-year old Adrian Grajeda. 

The boy suffered major injuries and had one of his legs amputated.