Fields v. State

OPINION ON REHEARING

ROBB, Judge.

Steven Fields seeks rehearing of our opinion issued in Fields v. State, 807 N.E.2d 106 (Ind.Ct.App.2004). Although we affirm our original opinion in all respects, we write on rehearing to clarify our holding regarding the twenty-minute deprivation period required before a chemical breath test can be administered.

In Fields, we held the State satisfied its burden to show that the chemical breath test was properly administered where the operator instructed Fields to remove chewing tobacco from his mouth and, after he complied, the operator waited twenty minutes…