Kristy Burnell v. State of Indiana

PYLE, Judge.

[1] Kristy Burnell (“Burnell”) appeals the trial court’s determination that she refused a certified chemical test during a traffic stop, which resulted in the suspension of her driving privileges pursuant to Indiana’s Implied Consent Law. On appeal, she argues that she consented to take the test and that her conduct was not tantamount to a, refusal. We affirm the trial court’s order, holding, as' a .matter of first impression, that any answer short of an unqualified, unequivocal assent to a properly offered certified chemical test constitutes a refusal.

[2] Affirmed.

Issue

Whether…