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DUI defense challenges increase after sentence enhancement filed

A situation has developed regarding a 48-year-old man who has been charged for intoxicated driving following a tragic fatal motor vehicle collision. The man was apparently convicted on similar charges in another state in 2005. Prosecutors in Indiana recently asked the criminal court judge presiding over the proceedings for enhanced sentencing if the man is convicted. That prospect makes his DUI defense all the more important.

He is currently being held in jail on a $250,000 cash bond with $1 million surety. Various charges against him include intoxicated driving resulting in death and reckless homicide. Prosecutors say that he was involved in a head-on motor vehicle crash that resulted in the death of a 49-year-old man.

It is alleged that the man's blood alcohol level was more than twice the legal limit when the accident occurred. Because of the defendant's criminal record, prosecutors want the court to treat him as a repeat offender. This means the maximum sentencing possible would be upped to an additional six to 20 years beyond the 12 years a conviction would normally permit in his particular situation.

These types of cases are often quite challenging for DUI defense teams. Especially when there is a history of other convictions, it can be difficult convincing the court that the defendant should not be sent to prison should a conviction be obtained. However, this is why it is often a great asset to hire a highly experienced Indiana defense attorney who knows how to apply aggressive strategies to help mitigate the potential negative aspects of one's circumstances.

Source: eaglecountryonline.com, "Habitual Offender Enhancement Could Add 20 Years To Drunk Driver's Sentence", Mike Perleberg, Feb. 9, 2017

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Todd L. Sallee, Attorney at Law

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