People v. Honaker

Defendant was arrested for driving under the influence of alcohol.

The arresting officer filed an affidavit alleging reasonable grounds to believe that defendant was driving under the influence of alcohol and that defendant had refused to submit to a breathalyzer test. At the implied consent hearing, the trial court ruled in favor of the defendant. The court stated that the State had failed to show by a preponderance of the evidence that defendant’s refusal to submit to the breathalyzer test was a cognitive, knowing refusal. The State appeals, and we reverse and remand.

We do not have a…