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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA man’s drunken driving convictions were reversed Friday after the Indiana Court of Appeals found insufficient evidence that his blood alcohol concentration met the requisite limit for the convictions.
While investigating a vehicle collision, several Indianapolis police officers noticed a vehicle speeding toward them in the adjacent lane. The oncoming vehicle, driven by Alfonso Artigas, nearly struck one officer before coming to a halt.
Officers observed that Artigas had slurred speech and glassy eyes and smelled of alcohol. A hospital lab report later found Artigas’ blood had “a whole blood ethyl alcohol concentration in the range of 0.070 to 0.084% w/v (0.070 to 0.084 g/100mL).”
Thus, Artigas was charged under Indiana Code section 9-30-5-1(a) with operating a vehicle while intoxicated endangering a person, operating a vehicle with an alcohol concentration equivalent to at least .08 but less than .15 g/100mL of blood, and driving without a license. Artigas was only found guilty of the latter two charges, and he received partially suspended, 60-day concurrent sentences for both, plus 180 days of probation for driving without a license.
But the Indiana Court of Appeals reversed his convictions in Alfonso Artigas v. State of Indiana, 18A-CR-2877, finding there was insufficient evidence to prove Artigas’ blood alcohol concentration was at least .080 g/100mL, rather than below 0.080 g/100mL.
Finding the state misplaced its focus on visible signs of impairment, the appellate court noted section 9-30-5-1(a) “creates strict liability for operating a vehicle with a blood alcohol concentration within the specified range, irrespective of whether the operator exhibits signs of intoxication.”
“Indeed, under Indiana Code Section 9-30-5-1(a) — in contrast to Indiana Code Section 9-30-5-2(a) — the question is not whether a person was physically or mentally impaired by alcohol. Rather, to convict the defendant, the fact-finder must instead determine how much alcohol — down to hundredths of a gram — was in 100 milliliters of a person’s blood when that person operated a vehicle,” Judge L. Mark Bailey wrote for the court. “Only the laboratory report was relevant to this inquiry. Indeed, evidence of visible intoxication is not probative of a particular scientific measurement.”
“…Here, the State presented evidence that Artigas displayed signs of intoxication when he was pulled over around 3:00 a.m., and that his blood alcohol concentration was somewhere from .07 to .084 g/100mL at 3:53 a.m.,” Bailey continued. “From this evidence, a fact-finder could not conclude beyond a reasonable doubt that Artigas’s blood alcohol concentration was at least .08 g/100mL when he operated the vehicle. Thus, there is insufficient evidence to support a conviction as charged under Indiana Code Section 9-30-5-1(a).”
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