Recently, a 50-year-old nurse found herself facing multiple criminal charges after someone tipped off the police about her erratic driving. Upon receiving the tip, law enforcement stopped the woman and investigated her for operating a vehicle while intoxicated (OVWI). The state also alleged that she refused a breath test at the scene of the stop, which triggered an automatic one-year driver’s license suspension. When she reached out to Hessler Law for help, she was being charged with the following crimes:
- A class A misdemeanor for possession of a controlled substance
- A class A misdemeanor for OVWI
- Various – but lesser – crimes
Attorney Sean Hessler immediately began developing a defense strategy for his client. After negotiating with the prosecution, he was able to plead her OVWI charge down to a lesser class C misdemeanor, which requires a 60-day license suspension. She also had to complete 30 hours of community service and agree to alcohol evaluations and treatment – if they were needed. In addition to the lesser OVWI charge, the woman’s drug possession charge was dismissed, and her nursing license was not revoked.
One of the most important aspects of this case to the client was ensuring that the breath test refusal charge went away, and that she got her driver’s license back as soon as possible. After a hearing with the judge, they agreed that the client did not refuse to take the breath test. Therefore, she got her driver’s license back.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.