Hurley v. StateAnnotate this Case
When Defendant was stopped for a traffic violation, Defendant agreed to take a chemical test at a nearby police station. Defendant did not blow hard enough during the test, prompting the machine to print an “insufficient sample” warning. The law enforcement officer determined that Defendant had refused to take the test, which resulted in the suspension of Defendant’s driving privileges. The Supreme Court reversed, holding that the procedures promulgated by the Indiana State Department of Toxicology required the officer to administer a second test because there was no factual basis for the trooper’s determination that Defendant refused the chemical test.