Melton v. State
| Decision Date | 11 August 1992 |
| Docket Number | No. 92A04-9110-CR-335,92A04-9110-CR-335 |
| Citation | 597 N.E.2d 359 |
| Parties | Shawn MELTON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
Kurt Bentley Grimm, Grimm & Grimm, Auburn, for appellant-defendant.
Linley E. Pearson, Atty. Gen., of Indiana Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.
Defendant-Appellant Shawn Melton appeals his conviction for operating a vehicle with ten-hundredths (.10%), or more, by weight, of alcohol in his blood, a class C misdemeanor. IND.CODE 9-11-2-1. 1
We reverse.
Melton presents one issue for our review:
whether the evidence was sufficient to sustain his conviction.
On April 6, 1991, at approximately 12:30 a.m., Churubusco City police officer Tony Helfrich observed a red pickup truck driving with its lights off. After stopping the truck, the officer asked the driver why the truck lights were turned off. Melton, the driver, replied, "I don't want to blind the car in front of me." No cars were, in fact, in front of Melton. The officer detected an alcoholic odor coming from Melton. The officer then informed him of the implied consent law and secured his consent to take a chemical blood test for intoxication.
The officer transported Melton to the Whitley County Hospital where he was given the requested blood test. Van Slucher, the medical technologist administering Melton's blood test, reduced Melton's blood to plasma and performed an alcohol content test using a Dupont ACA instrument. The test results revealed the sample of blood plasma had an alcohol level of 166.8 milligrams per deciliter (or .167%). When the officer received the test results, he placed Melton under arrest. He explained Melton's Miranda rights to him. Waiving these rights, Melton admitted he had consumed ten beers from 7:00 p.m. to 12:00 midnight.
At Melton's trial on August 2, 1991, he moved to suppress the test results absent proof of an acceptable conversion formula which would convert the test results into a whole blood percentage by weight. The court denied this motion and overruled his continuing objection to the admission of the test results.
In order to establish Melton's alcohol level, the State presented expert testimony from the medical technologist who administered Melton's blood test. He testified the test results of Melton's blood sample were 166.8 milligrams of alcohol per deciliter (or .167%). At the conclusion of the evidence, Melton moved for a directed verdict alleging the State wholly failed to offer any proof as to his percentage of blood alcohol by weight. After the court denied the motion, the jury found Melton guilty as charged. He appeals.
Melton contends the State did not present evidence sufficient to prove his blood alcohol content was .10%, or more. He urges when the State chooses to test a bodily substance for blood alcohol, the result must be expressed in a manner which indicates the percentage of alcohol, by weight, in the subject's whole blood. He cites Shuman v. State (1986), Ind.App., 489 N.E.2d 126, reh. denied, trans. denied, for the proposition the State must present to the jury expert testimony concerning conversion of the plasma test results into a whole blood percentage by weight.
To obtain a conviction under IC 9-11-2-1 (now IC 9-30-5-1), the State must prove the defendant operated a vehicle with ten-hundredths percent (.10%), or more, by weight of alcohol in his blood. In order to prove the .10%, or more, by weight of blood alcohol level (BAC), evidence of a defendant's blood alcohol content may be shown by chemical tests analyzing the defendant's breath, blood, urine, or other bodily substance. IC 9-11-4-15(a). 2
In Shuman the State presented evidence of the results of the defendant's serum alcohol level to establish the charge of operating a motor vehicle while intoxicated resulting in the death of another. We approved the introduction of such evidence because the State also offered expert testimony as to the conversion of the serum test result into blood alcohol content. Shuman, 489 N.E.2d at 129; see also Hayes v. State (1987), Ind.App., 514 N.E.2d 332, 338, reh. denied, trans....
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