Keys v. State

OPINION

KIRSCH, Chief Judge.

Robert G. Keys appeals his conviction for operating a vehicle with a blood alcohol content of over .08% and less than .15%,1 a Class C misdemeanor, raising the following issue for review: whether exposure to second-hand cigarette smoke within twenty minutes of the administration of a chemical breath test invalidates the test results as a matter of law.

We affirm.

FACTS AND PROCEDURAL HISTORY

On March 1, 2008, Sergeant Jan Kistler of the Marion County Sheriffs Department observed a vehicle disregard a traffic signal, and he initiated a traffic stop. Kistler noticed that…