from the Marion Superior Court The Honorable Mark F. Renner,
Magistrate Trial Court Cause No. 49G08-1806-CM-18599
ATTORNEY FOR APPELLANT Darren Bedwell Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Caroline G. Templeton Deputy Attorney General
Corey Winters appeals his conviction for operating a vehicle
with an alcohol concentration equivalent ("ACE") of
.08 or more, a Class C misdemeanor, after police discovered
Winters sitting in his running vehicle, which was parked
halfway in a residential driveway and halfway in the roadway.
The sole issue before us is whether the evidence is
sufficient to support Winters' conviction.
At 5:15 a.m. on May 26, 2018, Officer Vincent Marshall with
the Indianapolis Metropolitan Police Department
("IMPD") responded to a request for a welfare check
on a person parked in a running vehicle in Marion County.
Officer Marshall observed a black Chevy suburban in the
"two north bound lanes of Lynhurst Drive." Tr. Vol.
II p. 6. According to Officer Marshall, "it appeared the
suburban had backed into a driveway along the east side of
the roadway and the front end of the suburban was sticking
out into the east most north bound lane obstructing traffic.
So, halfway in the driveway and halfway in the road."
Id. The vehicle was running, and it appeared that
Winters was sleeping in the driver's seat of the vehicle.
Officer Marshall woke Winters and smelled alcohol on
Winters' breath, observed that Winters' eyes were red
and watery, and noticed that Winters' speech was slurred.
Officer Marshall conducted a horizontal gaze nystagmus test,
which Winters failed. Officer Marshall then called Lieutenant
Michael DeHart, a member of the DUI task force, to the scene.
Lieutenant DeHart arrived on the scene, put Winters in the
back of his police vehicle, and read Winters his
Miranda rights. Winters admitted to Lieutenant
DeHart that Winters had been out drinking that night.
Lieutenant DeHart also smelled alcohol on Winters'
breath, observed that Winters' eyes were "blood shot
and glassy," and noticed that Winters' speech was
slurred. Id. at 14. An inventory search of
Winters' vehicle yielded empty alcohol containers.
Lieutenant DeHart transported Winters to Eskenazi Hospital
and performed three field sobriety tests-the horizontal gaze
nystagmus test, the walk and turn test, and the one-legged
stand test-inside a holding area of the hospital. Winters
failed all three tests.
Winters submitted to a chemical blood test at the hospital at
7:11 a.m. on May 26, 2018. Winters' lab report indicated
that Winters' "plasma-serum ethyl alcohol
concentration" was .136%, which corresponds "to a
whole blood ethyl alcohol concentration" in the range of
.107% to .128%. State's Ex. 1.
The State charged Winters on June 11, 2018, with Count I,
operating a vehicle while intoxicated endangering a person, a
Class A misdemeanor; and Count II, operating a ...