Legal Blog

No Jail Time For Habitual Offender With Felony Charge

21 October 2015 | Case Results,  OWI,  

Attorney Sean Hessler

Written by
Sean Hessler

21 October 2015

Case Results,  OWI,  

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A man in his 50s was charged with a class D felony of operating a vehicle while intoxicated. As a habitual substance offender also under violation of probation from a previous case, he was looking at up to 12 years in jail. The man was a maintenance worker who had just left his home when he was stopped at a traffic light. The officer smelled alcohol on his breath and after testing his BAC, found him to be way over the legal limit.

With three previous DUI’s, he needed a strong representation and fast. He sought out the help of Indianapolis criminal defense attorney Sean Hessler. The case was taken to Marion County court where he received a positive plea for his habitual offender status.

Along the lines of our case, the paperwork went awry, getting our client off on a technicality. At the conclusion of the case, we took a plea for a class D felony OVWI. Rather than going to prison, he received one-year of home detention on his new case and 120 days of probation. If and when our client finishes home detention, the Class D felony can be reduced to a Class A misdemeanor, proving a positive result for our client.

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.