Gibson v. State

OPINION

MATHIAS, Judge.

Laura Gibson (“Gibson”) is charged with operating while intoxicated,1 a Class A misdemeanor, in Monroe Circuit Court. Gibson filed a motion to suppress her refusal to submit to a chemical test. The motion was denied. Gibson has filed this interlocutory appeal arguing that the trial court abused its discretion when it denied Gibson’s motion to suppress her refusal to submit to a breathalyzer test.

We affirm.

Facts and Procedural History

On May 3, 2001, at approximately 2:43 a.m., Officer Brian James (“Officer James”) of the Bloomington Police Department observed Gibson…