Judges uphold OWI conviction

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The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.

In Jeffery S. Curtis v. State of Indiana, No. 20A03-1002-CR-110, Jeffery Curtis appealed his Class C misdemeanor conviction of operating a vehicle while intoxicated. He was pulled over after taking a turn too wide and failed several field sobriety tests. He smelled of marijuana and blew a 0.0 into the portable breath test. Curtis told the officer he was diabetic and needed some sugar. Curtis declined medical attention and was able to eat and drink at the police station.

Curtis refused to submit to a blood draw and was charged with the offense.

Curtis argued that Indiana Code Section 9-13-2-86 requires that in order for the state to prove a driver is intoxicated, the driver must be under the influence of one of the listed substances and the driver’s actions, thoughts, and normal control of faculties must be impaired. Curtis claimed the tests administered established that only his actions were impaired, but the statute requires showing his thoughts, actions, and normal control of his faculties were impaired.

Although it’s the court’s policy to regard “and” and “or” as used in statutes as being strictly of a conjunctive and disjunctive nature, Prewitt v. State, 878 N.E.2d 184 (Ind. 2007), allows for exceptions, noted Judge Ezra Friedlander. In Prewitt, the high court reasoned that appellate courts are “at liberty to make minor substitutions of words where necessary to give vitality to the legislative intent.”

“We are not often confronted with a situation where application of this ‘widely-accepted rule of statutory construction’ cited with approval in Prewitt is warranted. This is such a case, however, and we apply it here,” wrote Judge Friedlander.

The purpose of the statute is public safety and a person who is unable to control his physical movements poses a considerable danger to others when driving, even though he may be able to carry on a lucid conversation or count backward from 20.

“The plain fact is that impairment of any of the three abilities necessary for the safe operation of a vehicle renders the operation of a vehicle dangerous,” he wrote.

The judges affirmed Curtis’ conviction, finding sufficient evidence to support it.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...