INDIANAPOLIS — A repeat drunk driver is headed to state prison following a WRTV Investigation into how the criminal justice system treats intoxicated drivers.
On July 24, a Hendricks County judge sentenced Brian Patten of Indianapolis to 3 years in the Indiana Department of Correction, followed by 1 year of work release.
Patten pleaded guilty to Operating a Vehicle as a Habitual Traffic Violator with a felony enhancement.
WRTV Investigates found Brian Patten of Indianapolis has 10 drunk driving convictions dating back to 1995, including cases in Ohio, California and Oregon, plus four convictions in Marion County, Indiana.
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His driving record shows the Indiana BMV has suspended his license 19 times, according to the state.
The most recent conviction for Operating a Vehicle as a Habitual Traffic Violator stems from a February 2, 2024, incident.
A Plainfield Police officer was on routine patrol in the area of East Main Street and Plainfield Commons Drive when he observed a Kia Optima traveling south on Plainfield Commons Drive.
When the officer ran the license plate, he found the vehicle belonged to Brian Patten, a habitual traffic violator.
Patten was arrested and transported to the Hendricks County Jail, and his vehicle was towed, court records show.
A prosecutor can file for a habitual offender count when a person has two or more prior felony convictions, which can add three to six years to a sentence for a level 5 or 6 felony.
At the July 24 sentencing, Patten’s attorney asked the court for home detention.
Patten told the judge he sold his vehicle.
“I don’t go out,” Patten told the judge on July 24. “I work.”
A Hendricks County deputy prosecutor argued Patten has violated home detention in the past and said Patten is a “danger to himself and the community.”
A judge agreed and pointed to Patten’s prior record before handing down the 3-year prison sentence.
“The defendant has a vast/extensive criminal history, and he is a danger to others,” read the sentencing order from Judge Dan Zielinski.
Following his July 24 sentencing, Patten was placed in handcuffs.
He will be transported to a state prison, but a facility has not yet been assigned.
Our cameras were not allowed in the courtroom, but WRTV Investigates caught up with Patten in the lobby.
He had no response to WRTV Investigates following the hearing.
Patten’s driver’s license is currently suspended until at least 2030.
“This behavior can’t be allowed,” said Denise Niblick, a program manager and advocate for Mothers Against Drunk Driving Indiana. “It’s just a matter of time until there is a victim in these cases. Until society realizes this behavior has to change, we have to say enough is enough when it comes to alcohol being synonymous with driving.”
Niblick said the criminal justice system considers drunk driving a nonviolent crime.
“It’s kind of looked at as a behavior issue,” said Niblick. “Typically, the judgment is taking a class, maybe probation, it's a bit of a slap on the wrist."
WRTV Investigates shared Patten’s driving history with MADD.
“You know he’s been told this is illegal, this is dangerous to yourself, to anyone in your path, it’s dangerous, and yet you continue to do that,” said Niblick. “To me, that is a selfish behavior.”
Niblick also said while drunk drivers who hurt or kill people can face stiffer penalties, that’s often not the case for repeat drunk drivers who don’t hurt anyone.
Niblick takes the issue to heart. Her sister was killed by a drunk driver in Hendricks County back in 2016.
“I would not wish the despair I have felt by losing my sister on my worst enemy,” said Niblick. “What every victim truly wants is for no one to ever feel this way again.”
MADD also points out that drunk driving can have financial impacts, including property damage and taxpayer money to arrest and prosecute criminal cases.
“We should want our money to go to other things rather than people who continuously decide to act in this way,” said Niblick.
