Terri Lynn Davis v. State of Indiana (mem. dec.)
84A01-1609-CR-2237
Ind. Ct. App.Apr 28, 2017Background
- On April 16, 2016, multiple callers reported a red Kia swerving and driving over rumble strips on I‑70; Trooper Fyfe located the vehicle parked at a gas station.
- Davis was found in a bathroom stall with a prescription pill bottle on the floor; she admitted driving the Kia and gave permission to search it.
- Trooper Fyfe observed bloodshot, glassy eyes, difficulty balancing, and that Davis said she had taken Xanax, Ambien, Vicodin and had one or more drinks before driving.
- A cup smelling of alcohol was found in the car; Davis said she used it to wash down medications.
- Davis failed three field sobriety tests (all clues on HGN, 7 of 8 on walk-and-turn, and all 4 on one-leg-stand); a portable breath test indicated alcohol; she consented to a blood draw.
- Charged with operating while intoxicated endangering a person (Class A misdemeanor) and two controlled-substance counts (later dismissed); bench trial resulted in conviction on the DWI count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Davis was "intoxicated" and drove in a manner endangering a person | Evidence showed intoxication: admissions of drugs/alcohol, multiple reports of erratic driving, officer observations (glassy eyes, imbalance), failed SFSTs, portable breath test | Evidence insufficient: no BAC introduced, alcohol cup could be from earlier party, medication, fatigue, and physical disability explained poor balance and driving | Court affirmed: circumstantial and testimonial evidence (admissions, observations, failed SFSTs, erratic driving, PBT) was sufficient for a reasonable factfinder to find intoxication and endangerment beyond a reasonable doubt |
Key Cases Cited
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standard for sufficiency review and inference-drawing)
- Jenkins v. State, 726 N.E.2d 268 (Ind. 2000) (frame for reviewing sufficiency of evidence)
- Woodson v. State, 966 N.E.2d 135 (Ind. Ct. App. 2012) (single-officer testimony and non-BAC indicators can prove intoxication)
- Ballinger v. State, 717 N.E.2d 939 (Ind. Ct. App. 1999) (BAC not required to prove intoxication)
- Jellison v. State, 656 N.E.2d 532 (Ind. Ct. App. 1995) (same principle regarding BAC)
- Broderick v. State, 231 N.E.2d 526 (Ind. 1967) (prior case upholding conviction based on observational evidence of intoxication)
- Fought v. State, 898 N.E.2d 447 (Ind. Ct. App. 2008) (examples of evidentiary indicators of intoxication)
- Wright v. State, 772 N.E.2d 449 (Ind. Ct. App. 2002) (officer opinion may be sole basis for intoxication finding)
- Hall v. State, 367 N.E.2d 1103 (Ind. Ct. App. 1977) (observational evidence can sustain driving-under-the-influence conviction)