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No jail for driver with .44 percent BAC

Updated: Friday, 04 Jan 2013, 6:26 PM EST
Published : Friday, 04 Jan 2013, 6:26 PM EST

WEST SENECA, N.Y. (WIVB) - A West Seneca man, who drove drunk at more than five-times the legal limit, won't be spending time behind bars.

On Friday in Erie County Court, 61-year-old Victor Ojeda avoided prison and received five years probation. His driver's license was revoked.

His blood alcohol content was .44 percent when police found him passed out in the driver's seat at his home last year. He could have faced up to four years behind bars.

If he ever gets his license back, he must install an ignition interlock device.

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