from the Marion Superior Court The Honorable Steven J.
Rubick, Magistrate Trial Court Cause No. 49G10-1802-CM-6864
ATTORNEY FOR APPELLANT Darren Bedwell Marion County Public
Defender Appellate Division Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Sierra A. Murray Deputy Attorney General
Following a bench trial, Alfonso Artigas
("Artigas") was found not guilty of operating a
vehicle while intoxicated endangering a person, a Class A
misdemeanor. He was, however, found guilty of Class C
misdemeanor operating a vehicle with an alcohol concentration
equivalent to at least .08 but less than .15 g/100mL of
blood-even though the stipulated blood test
presented only a range from .07 to .084 g/100mL. Artigas
challenges the sufficiency of the evidence supporting that
conviction. We reverse.
and Procedural History
Around 3:00 a.m. on February 17, 2018, several officers from
the Indianapolis Metropolitan Police Department
("IMPD") were investigating a vehicle collision.
Only one lane of traffic was open. While that investigation
was underway, an officer spotted a vehicle approaching at a
high rate of speed. Several officers yelled and IMPD Officer
Duran Brown ("Officer Brown") used his flashlight
to alert the driver to stop. After there was more yelling,
the vehicle squealed to an abrupt stop, nearly striking
Officer Brown approached the driver-Artigas-who had the odor
of alcohol on his breath, slurred speech, and red, glassy
eyes. Artigas said that he spoke little English. Officer
Brown attempted to administer field sobriety tests but was
unable to do so because of the language barrier between them.
Officer Brown then obtained a search warrant and transported
Artigas to a hospital where a blood draw was conducted at
3:53 a.m. An ensuing laboratory report indicated that
Artigas's 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)." Exhibit 1.
The State charged Artigas as follows: Count I-operating a
vehicle while intoxicated endangering a person; Count II-
operating a vehicle with an alcohol concentration equivalent
to at least .08 but less than .15 g/100mL of blood; and Count
III-driving without a license as a class C
misdemeanor. At a bench trial, Officer Brown was the
sole witness and the laboratory report was admitted by
stipulation. Artigas was found not guilty of Count I and
guilty of the remaining counts. He received partially
suspended, sixty-day concurrent sentences on Counts II and
III along with 180 days of probation on Count II.
Artigas now appeals.
When reviewing a challenge to the sufficiency of evidence,
"[w]e neither reweigh evidence nor judge witness
credibility." Gibson v. State, 51 N.E.3d 204,
210 (Ind. 2016). We view the "evidence and reasonable
inferences drawn therefrom in a light most favorable to the
conviction, and will affirm 'if there is substantial
evidence of probative value supporting each element of the
crime from which a reasonable trier of fact could have found
the defendant guilty beyond a reasonable doubt.'"
Walker v. State, 998 N.E.2d 724, 726 (Ind. 2013)
(quoting Davis v. State, 813 N.E.2d 1176, 1178 (Ind.
Artigas was charged and convicted under Indiana Code Section
9-30-5-1(a), under the portion of that statute criminalizing
"operat[ing] a vehicle with an alcohol concentration
equivalent to at least eight-hundredths (0.08) gram of
alcohol but less than fifteen-hundredths (0.15) gram of
alcohol per . . . one hundred (100) milliliters of the
person's blood." In challenging his conviction,
Artigas focuses on the report indicating that his blood
alcohol concentration was equivalent to somewhere from .07 to
.084 g/100mL. Pointing to this range-most of which falls
below the statutory threshold-Artigas argues that
"nothing in the record supports the conclusion beyond a