Keyaunna Hurley v. State of Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. 49A05-1601-CR-108

Slaughter, Justice.

A state-police trooper stopped Defendant for a traffic violation. During the stop, the trooper suspected Defendant was intoxicated, so he conducted several field sobriety tests, which Defendant failed. At the trooper’s request, Defendant agreed to take a chemical breath test at a nearby police station. During the first test, Defendant did not blow hard enough, prompting the machine to print an “insufficient sample” warning. The trooper concluded Defendant had refused to take the test, resulting…