Police say Rivas-Esparza lost control of his car on a curve and struck a pole Saturday in Aurora.
Jose Esparza, 35, of Aurora died Monday morning. Another passenger was injured and remains in the hospital.
Rivas-Esparza was originally cited for DUI, failure to carry a valid driver's license and failure to reduce speed. He bonded out before Esparza died and additional charges were filed.
