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Indiana Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Indiana or Court of Appeals of Indiana where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Datzek v. State - 12/14/2005
John Datzek appeals his conviction and sentence for operating a vehicle with a blood alcohol content greater than .08% but less than .15% as a class A misdemeanor. Datzek raises five issues, which we consolidate and restate as: ...

Cannon v. State - 12/1/2005
Appellant-defendant Eddie Cannon appeals from his conviction for Operating a Motor Vehicle after License Forfeited for Life, a class C felony, and from the five-year sentence imposed by the trial court. In particular, Cannon contends...

Lachenman v. Stice - 11/30/2005
Appellant-Plaintiff, Sean T. Lachenman, as the personal representative of the estate of Chere Lachenman ("Lachenman"), challenges the trial court's grant of partial summary judgment in favor of Appellee-Defendants, Mitchell Stice and...

Barrett v. State - 11/22/2005
FOR PUBLICATION MEMORANDUM DECISION - NOT FOR PUBLICATION Case Summary Cynthia M. Barrett appeals her convictions for conspiracy to commit dealing in methamphetamine as a class B felony and two counts of illegal drug...

Johnson v. State - 11/17/2005
Case Summary Euranus Johnson appeals his conviction for criminal deviate conduct and his sentence for that and several other convictions related to the rape of a woman. We find that there is sufficient evidence to support...

Gravens v. State - 11/3/2005
Case Summary David Gravens appeals his conviction for Attempted Robbery. Specifically, Gravens argues that the trial court's jury instruction on the defense of abandonment is erroneous and that the evidence is not sufficient to...

Wells v. State - 10/31/2005
Appellant-defendant Stephen Lewis Wells appeals the sentence imposed following his guilty plea, asserting that the trial court erroneously sentenced him to eight years on a single count of Operating a Vehicle While Intoxicated...

Davis v. State - 10/26/2005
Case Summary Tyrone Davis appeals the seven-and-one-half-year aggregate sentence imposed following his conviction for class D felony resisting law enforcement and the determination that he is an habitual offender. We affirm. ...

Robinson v. State - 10/12/2005
FOR PUBLICATION Roger C. Robinson appeals his conviction in a bench trial of failure to stop at an accident resulting in injury or death as a Class B misdemeanor, failure to stop at an accident causing damage to the property of...

Row v. Holt - 9/30/2005
FOR PUBLICATION George S. Row, III ("Row") appeals the Dearborn Circuit Court's order granting summary judgment in favor of Officer Holly Holt ("Officer Holt") and the Town of Osgood, Indiana (collectively the "Osgood...

Stout v. State - 9/22/2005
FOR PUBLICATION Case Summary Carl Stout appeals his sentence for two convictions of Sexual Misconduct with a Minor as a Class B felony and one conviction as a Class C felony. Specifically, Stout claims that the trial court...

Flanagan v. State - 8/23/2005
FOR PUBLICATION Case Summary Timothy M. Flanagan appeals following his convictions for operating while intoxicated and public intoxication. Because there is insufficient evidence to prove that Flanagan was intoxicated at...

Nivens v. State - 8/22/2005
FOR PUBLICATION Lestes Nivens appeals the trial court's order denying his motion to suppress the results of his chemical breath test. We affirm. Issue Nivens raises one issue for our review, which we restate as...

Hoaks v. State - 8/17/2005
FOR PUBLICATION STATEMENT OF THE CASE Ronald Hoaks appeals from the post-conviction court's denial of his Motion to Correct Error, and raises the following issue for our review: Whether the trial court properly denied...

Haltom v. State - 8/16/2005
Jedediah Haltom crashed his truck into a woman's car while driving under the influence. He settled with her for his car insurance's limits, and she executed a release from any future damages or compensation "of whatever nature." In the...

Roark v. State - 6/30/2005
FOR PUBLICATION Appellant-defendant Ralph Roark appeals his convictions for Burglary, a class C felony and Theft, a class D felony, and being a Habitual Offender. Specifically, Roark raises one dispositive issue: whether the...

DeWhitt v. State - 6/29/2005
FOR PUBLICATION Following a jury trial, David L. DeWhitt was convicted of one count of Criminal Recklessness as a Class D felony. Upon appeal, DeWhitt presents four issues for our review, which we restate as: I. Whether the...

Gillem v. State - 6/21/2005
FOR PUBLICATION STATEMENT OF THE CASE Boyd Gillem appeals the sentence imposed following his plea of guilty to two counts of causing death when operating a motor vehicle with a blood-alcohol content of .08 or greater, as...

Guillen v. State - 6/14/2005
Oscar Guillen, Sr., appeals his conviction and sentence for battery as a class C felony. Guillen raises three issues, which we revise and restate as: I. Whether the trial court abused its discretion by excluding specific...

Ham v. State - 5/3/2005
There is a division of authority in Indiana concerning whether it is proper to instruct a jury that it may consider a driver's refusal to submit to a chemical test as evidence of intoxication. We hold that lawyers may argue to jurors...

Chenoweth v. Estate of Wilson - 5/3/2005
FOR PUBLICATION STATEMENT OF THE CASE Mark Chenoweth, the Jonesboro Police Department, and the Town of Jonesboro (collectively, "Defendants") bring this interlocutory appeal of the trial court's denial of their motion for...

Lambert v. State - 4/28/2005
PUBLISHED ORDER CONCERNING SUCCESSIVE PETITION FOR POST-CONVICTION RELIEF IN CAPITAL CASE Delaware Superior Court Case No. 18D01-9101-CF-02 Introduction Petitioner Michael Allen Lambert was convicted of murder and...

Davidson v. Bailey - 4/26/2005
FOR PUBLICATION On March 5, 2004, after a four-day trial, a jury found David K. Davidson, Jr. and Nancy Thornberry (Appellants) negligent for damages sustained by Singe Bailey (Plaintiff) in a motor vehicle accident that occurred...

State v. Akins - 3/30/2005
In this interlocutory appeal, the State challenges the decision of the trial court granting the defendant's motion to dismiss Count II, which charged as a class D felony that the defendant operated a vehicle while intoxicated while...

Ruiz v. State - 12/7/2004
Afredo D. Ruiz, was sentenced to the maximum of twenty years after pleading guilty to child molestation, a Class B felony. The presumptive sentence for a Class B felony is ten years. Ind. Code § 35-50-2-5 (2004). Ruiz, twenty years old...

Best v. State - 11/18/2004
Appellant-defendant Larry D. Best, Jr. appeals the trial court's denial of his motion to suppress. We reverse. Issue Best presents one issue for review, which we restate as whether the trial court erred in denying his motion to...

Gross v. State - 11/12/2004
Case Summary Gary Gross and Angel Hartman appeal their two convictions each for Class D felony neglect of a dependent. We reverse. Issue The sole restated issue is whether there is sufficient evidence to support...

Schmidt v. State - 10/28/2004
FOR PUBLICATION STATEMENT OF THE CASE In May 2002, the State charged Christopher Schmidt with one count of Operating a Vehicle While Intoxicated ("OWI"), as a Class A misdemeanor, and one count of OWI, as a Class C...

State v. Starks - 10/19/2004
On Petition To Transfer from the Indiana Court of Appeals, No. 31A04- 0209-PC-438 A defendant who pleads guilty to driving while suspended as an habitual traffic violator may not later challenge the plea on grounds that the...

Spaulding v. State - 10/13/2004
FOR PUBLICATION Case Summary Chelsea Spaulding appeals his conviction for driving while suspended resulting in death, a Class C felony. We affirm. Issue The sole issue before us is whether there was sufficient...

Sublett v. State - 10/13/2004
Following a jury trial, Appellant James Sublett was convicted of operating a motor vehicle after his privileges had been forfeited for life, a Class C felony. [FN1] Upon appeal, Sublett presents one issue for our review, which we restate...

Haddin v. State - 8/3/2004
Appellant-Defendant, Michael L. Haddin (Haddin), appeals his conviction for Count II, operating with .08 to .14 blood alcohol content, a Class C misdemeanor, Ind.Code § 9-30-5-1. We affirm. ISSUE Haddin raises one issue on appeal,...

Schlesinger v. State - 7/19/2004
FOR PUBLICATION Charles W. Schlesinger appeals from his conviction for operating a vehicle with a blood alcohol content of at least .08% but not more than .15%, a Class C misdemeanor, raising the following dispositive issue for...

Ham v. State - 6/30/2004
FOR PUBLICATION Appellant-defendant Kimberly S. Ham appeals her conviction for Operating a Vehicle While Intoxicated, a class C misdemeanor. Specifically, Ham argues that the conviction may not stand because the trial court erred...

Abney v. State - 6/30/2004
FOR PUBLICATION In this interlocutory appeal, Lanny Abney appeals the trial court's denial of his motion to suppress blood alcohol test results. Abney raises one issue, which we restate as whether the trial court erred by denying...

In re Roberts - 6/9/2004
Since 1996, the respondent, attorney Patrick J. Roberts, has twice been convicted of alcohol-related driving offenses. Today we accept an agreed resolution of attorney disciplinary charges emanating from those convictions. The agreement...

Ballard v. State - 5/20/2004
FOR PUBLICATION STATEMENT OF THE CASE Appellant-Defendant, Robert O. Ballard (Ballard), appeals his conviction for voluntary manslaughter, a Class A felony, as a lesser included offense of Count I, murder, a felony, Ind....

Slinkard v. State - 4/28/2004
FOR PUBLICATION Terry L. Slinkard appeals his sentence after a plea of guilty to operating a vehicle with a .10% blood alcohol content, a Class C misdemeanor. Slinkard raises two issues: 1. Whether the order that he...

Willis v. State - 4/21/2004
FOR PUBLICATION Case Summary Appellant-defendant Joshua A. Willis appeals his conviction for operating a vehicle while intoxicated, a Class D felony. We affirm. Issues Willis raises two issues on appeal, which...

Osborne v. State - 3/25/2004
FOR PUBLICATION Today we are asked to determine whether a police officer may encourage a person on home detention to speed through an inhabited area while under the influence of alcohol and drugs in order to effectuate a...

Johnican v. State - 3/3/2004
FOR PUBLICATION Case Summary Curtis R. Johnican appeals his sentence. In particular, Johnican argues his sentence is erroneous because: (1) the State did not file his habitual offender enhancement within ten days of his...

Jaramillo v. State - 2/11/2004
FOR PUBLICATION Valentin Jaramillo appeals his conviction of Operating While Intoxicated Causing Death, a class B felony, and the determination that he is a Habitual Substance Offender. Jaramillo presents the following restated...

State v. Lloyd - 12/15/2003
The State of Indiana appeals a reserved question of law pursuant to Indiana Code section 35-38-4-2(4) regarding the trial court's ruling on the State's motion to admit into evidence the testifying Deputy's certification as a breath test...

Boner v. State - 10/10/2003
FOR PUBLICATION OPINION - FOR PUBLICATION Appellant-defendant James M. Boner appeals his conviction for Possession of a Controlled Substance, a class D felony. Specifically, Boner argues that the trial court erred in...

Wohlwend v. Edwards - 10/2/2003
Appellant-Defendant, Bryon R. Wohlwend, appeals from the trial court's judgment in favor of Appellee-Plaintiffs, Donna J. Edwards and Michael Edwards, in their negligence claim against Wohlwend. Upon appeal, Wohlwend's two presented issues...

State v. Akins - 9/17/2003
Appellant-Plaintiff, State of Indiana (State), appeals the trial court's grant of Appellee-Defendant Loren Akins' (Akins), Motion to Dismiss Count II, operating a vehicle while intoxicated while having a prior conviction, a Class D felony,...

Forbes v. State - 8/20/2003
FOR PUBLICATION Darrell Forbes brings this interlocutory appeal of the trial court's denial of his motion to suppress the results of a blood alcohol test. On appeal, Forbes raises one issue, which we restate as whether the trial...

Wolf v. State - 8/19/2003
FOR PUBLICATION OPINION - FOR PUBLICATION Shirley L. Wolf pled guilty to Count I, operating a vehicle after lifetime suspension, a Class C felony; Count II, false informing, a Class A misdemeanor; Count III, operating a...

Stoltmann v. State - 8/15/2003
FOR PUBLICATION OPINION - FOR PUBLICATION Case Summary Appellant-defendant Andrew Peter Stoltmann appeals his convictions for operating a motor vehicle while driving privileges are forfeited for life, a Class C...

Tankersley v. Parkview Hospital - 6/30/2003
Court of Appeals Cause No. 02A03-0106-CV-184 The Hospital Lien Act requires hospitals to place an attorney on notice that a lien has been filed for services rendered. This case presents the question whether such a lien, perfected...

Smith v. Cincinnati Insurance Co. - 6/27/2003
Court of Appeals Cause Number 41A01-0109-CV-353 CIVIL TRANSFER An underage driver crashed the car of her intoxicated friend while attempting to drive the friend home in the car purportedly with the friend's permission. The...

Smith v. Cincinnati Ins. Co. - 6/27/2003
An underage driver crashed the car of her intoxicated friend while attempting to drive the friend home in the car purportedly with the friend's permission. The question we address is whether the level of intoxication has a bearing on the...

City of Hammond v. Reffitt - 6/12/2003
OPINION - FOR PUBLICATION FOR PUBLICATION STATEMENT OF THE CASE Appellants-Defendants, the City of Hammond and the City of Hammond Police (collectively "Hammond"), appeal from the trial court's denial of their motion...

Hannoy v. State - 6/10/2003
FOR PUBLICATION OPINION - FOR PUBLICATION Case Summary Eli Hannoy appeals his two convictions for operating a motor vehicle with a blood alcohol content of .10 percent or greater and causing death, which is a Class C...

Bahm v. State - 5/29/2003
FOR PUBLICATION OPINION - FOR PUBLICATION James M. Bahm, II, appeals the denial of his petition for post-conviction relief. On appeal, Bahm raises four issues, which we restate as: 1. Whether the post-conviction court...

Anglin v. State - 5/13/2003
Todd D. Anglin appeals from his conviction for Escape, as a Class C felony. [FN1] He presents the following three issues for our review which we restate as: FN1. Ind.Code § 35-44-3-5 (Burns Code Ed. Supp.2002). I. Whether the...

State v. Starks - 4/16/2003
FOR PUBLICATION OPINION - FOR PUBLICATION The State appeals the decision of the post-conviction court granting Kevin Starks's petition for post-conviction relief, contending that the post-conviction court's decision was...

Rodriguez v. State - 4/7/2003
OPINION - FOR PUBLICATION STATEMENT OF THE CASE Appellant-Defendant, Aaron Rodriguez (Rodriguez), appeals the sentence imposed on him by the trial court. We reverse and remand for resentencing. ISSUES ...

Johnson v. State - 4/2/2003
FOR PUBLICATION OPINION - FOR PUBLICATION Case Summary Larry Johnson appeals his convictions and sentences on two counts of Failure of Carriers of Dangerous Communicable Diseases to Warn Persons at Risk as Class D...

Burkett v. State - 3/18/2003
Matt T. Burkett appeals his conviction for Possession of a Controlled Substance, [FN1] a class D felony. He presents the following dispositive issue for review: Did the trial court err in denying Burkett's motion to suppress? FN1....

State v. Dye - 3/6/2003
On Appeal from Post-Conviction Relief Walter Dye was convicted of three counts of murder and the jury recommended the death penalty. Following a subsequent sentencing hearing, the trial court sentenced the defendant to death. We...

Dora v. State - 2/12/2003
FOR PUBLICATION OPINION - FOR PUBLICATION A jury convicted John V. Dora of resisting law enforcement as a Class A misdemeanor, operating a vehicle while intoxicated as a Class A misdemeanor, and found that he failed to...

Hinojosa v. State - 1/15/2003
In this case, a police officer seeks grand jury transcripts to substantiate his claim of an official "cover-up" of wrongdoing. To *679 obtain them, he must show with particularity a need to prevent injustice that outweighs the reasons for...

Luckhart v. State - 1/9/2003
FOR PUBLICATION OPINION - FOR PUBLICATION Case Summary Eric D. Luckhart appeals his conviction for Operating a Vehicle While Intoxicated, a Class C misdemeanor. We affirm. Issues Luckhart raises the...

Taylor v. State - 12/30/2002
FOR PUBLICATION OPINION - FOR PUBLICATION Appellant, Jackie D. Taylor, appeals the denial of his petition for post-conviction relief. Taylor challenges the post-conviction court's determination that his sentence was proper....

Risner v. Indiana Parole Board - 11/22/2002
FOR PUBLICATION OPINION - FOR PUBLICATION Jeremy Risner was released on parole from the Indiana Department of Correction on September 9, 2000. His parole was subsequently revoked and he appeals this decision. We affirm. ...

Whitaker v. State - 11/13/2002
FOR PUBLICATION OPINION - FOR PUBLICATION Case Summary John Whitaker appeals his conviction for reckless homicide, a Class C felony. We reverse. Issue The dispositive issue is whether there is sufficient...

Brown v. State - 9/16/2002
FOR PUBLICATION OPINION - FOR PUBLICATION Maria Dawn Brown brings this discretionary interlocutory appeal from the trial court's denial of her motion to suppress. In an issue of first impression under Indiana's implied...

Booher v. State - 8/20/2002
The defendant, Mark Booher, was convicted of robbery as a class B felony and for the January 1999 murder of Timothy Laflen in Indianapolis. The defendant's appeal asserts that the State failed to disclose favorable exculpatory evidence,...

Dalton v. State - 8/16/2002
OPINION - FOR PUBLICATION STATEMENT OF THE CASE James R. Dalton appeals the trial court's denial of relief pursuant to judicial review of his breath test refusal. We affirm. ISSUE Whether the trial court...

Cochran v. State - 7/17/2002
FOR PUBLICATION OPINION - FOR PUBLICATION Case Summary Chad Cochran ("Cochran") brings an interlocutory appeal of the denial of his motion to suppress the results of a chemical test. We affirm. Issues On...

State v. Downey - 6/28/2002
ON PETITION TO TRANSFER Although the general rule is that a sentence imposed following conviction under a progressive penalty statute may not be increased further under either the general habitual offender statute or a...

Dishmon v. State - 6/19/2002
Defendant-Appellant Harold E. Dishmon is appealing his conviction by a jury *857 of non-support of a dependent child as a Class C felony. His sentence was enhanced to eight years because of his criminal history and numerous findings of...

State v. Glass - 6/10/2002
The State appeals from an order granting a motion to suppress evidence seized after James R. Glass was stopped by an officer responding to a dispatcher's call. The State contends that the officer was justified in relying upon information...

Abney v. State - 4/26/2002
ON PETITION FOR TRANSFER After his car struck a bicyclist, Lanny Abney was convicted of several crimes, including operating a vehicle with .10% or more blood alcohol content causing death. The trial court instructed the jury that...

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