>>513813807
What you're describing is called felony murder -- when you kill someone in the process of committing another felony. Murder 1 would suggest that the killing was intentional.
I don't think felony murder is necessarily an accurate charge either though. The question would be what felony was being committed while simply driving. Was the guy transporting drugs? Honestly, giving vehicular homicide and giving the max sentence served consecutively seems like a fair deal. You might be able to make an argument for a harsher crime, but it would be difficult to convince a jury of.
As is, prison shortens your lifespan. I don't think that guy is living the full 45 years.