Chilcutt v. State

HOFFMAN, Judge.

Defendant-appellant Richard A. Chileutt appeals his trial court conviction for operating a vehicle with a .10%, or more, blood alcohol level. IND.CODE § 9-11-2-1 (1988 Ed.). Defendant's conviction was enhanced to a Class D felony under IND.CODE § 9-11-2-8 (1988 Ed.).

The facts relevant to this appeal disclose that on July 7, 1987, EMTs and Officer Jolley were dispatched to the scene of an accident. They observed an overturned pickup truck lying in a field. The defendant was lying beside the truck. Defendant allowed the EMT's to examine him but refused to go to the hospital.…