State of Indiana v. Brandon Scott Schulze

OPINION

MAY, Judge.

The State of Indiana appeals the reinstatement of Brandon Scott Schulze’s driving privileges, which had been suspended because he refused to take a chemical test for alcohol intoxication in violation of the Indiana Implied Consent law. See Ind. Code § 9-30-6-7. The trial court reinstated Schulze’s privileges because the deputy who offered the test to Schulze was not certified to administer the test. The State argues the court’s decision was erroneous because Schulze’s refusal to take the test obviated any need for a deputy trained to administer the test. We reverse.

FACTS AND…