Luckhart v. State

OPINION

BAILEY, Judge.

Case Summary

Eric D. Luckhart appeals his conviction for Operating a Vehicle While Intoxicated, a Class C misdemeanor. 1 We affirm.

Issues

Luckhart raises the following two issues: (1) whether the State established his guilt with sufficient evidence, and (2) whether the trial court abused its discretion by instructing the jury that Luckhart's refusal to take a blood alcohol test could be considered evidence of guilt.

Facts and Procedural History

On October 21, 2001, Officer Ronald Miller of the Muncie, Indiana police department was dispatched to investigate a fight, and was…