Thacker v. State

MILLER, Judge.

Defendant-appellant Robert Thacker appeals from a trial court’s administrative finding under our Implied Consent Law that he knowingly refused to take a breathalyzer test, such refusal resulting in the suspension of his driver’s license for one year. The sole question presented for our review is whether, despite a driver’s verbal consent, his belligerent behavior constitutes a refusal to take the test. We affirm.

FACTS

The facts are generally undisputed and viewed in the light most favorable to the State are as follows:

On the morning of February 12, 1982, Officer Quilla observed…