Bradford, J.
Case Summary
On October 20, 2015, Appellant-Defendant Keyaunna Hurley was the subject of a traffic stop in Indianapolis. During this traffic stop, the officer at the scene became concerned that Hurley might have been driving under the influence. Hurley consented to a chemical breath test after she failed certain field sobriety tests. During administration of the certified breath test, Hurley failed to provide a sufficient sample. Based on his interactions with and observations of Hurley, the officer administering the test was of the opinion that the insufficient sample was the result of a lack of cooperation by Hurley. As a result, she was deemed to have refused the test. The officer subsequently obtained a warrant for and completed a blood draw.
Appellee-Plaintiff the State of Indiana (the “State”) subsequently charged Hurley with two Class A misdemeanors and alleged that Hurley had committed a traffic infraction. Hurley requested review of the determination that she had refused the chemical breath test (the “refusal determination”). Following a hearing, the trial court upheld the refusal determination. Hurley now appeals from the denial of her verified petition for judicial finding of no refusal, claiming that the evidence was insufficient to sustain the trial court’s determination that she refused a breath test. We affirm.
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During the hearing on Hurley’s motion, Trooper Graves testified that he was of the opinion that Hurley did not cooperate during his administration of the chemical breath test. Specifically, Trooper Graves testified that he explained to Hurley that she was “going to have to blow as hard as [she could] for as long as [she could]” and that if, after three attempts, she could not give a complete sample, she would be charged with a refusal to take the test. Tr. p. 26. Trooper Graves further testified that he demonstrated to Hurley what he meant by “blowing as hard as” she could. Tr. p. 27. Despite Trooper Graves’s instructions and demonstration, Hurley failed to give a complete sample. Judging Hurley’s demeanor and actions, Trooper Graves came to the opinion that Hurley “was not cooperating.” Tr. p. 27. Trooper Graves’s testimony presents sufficient evidence to sustain the refusal determination.
In arguing to the contrary, Hurley claims that the evidence is insufficient to sustain the refusal determination because she agreed to take the test, she submitted to the test, she cooperated with Trooper Graves’s instructions, and she was never told by Trooper Graves that she was not blowing hard enough or needed to blow harder. Hurley’s claim in this regard, however, is effectively an invitation for this court to reweigh the evidence, which we will not do. See Bailey v. State, 979 N.E.2d 133, 135 (Ind. 2012). Because we conclude that the evidence is sufficient to sustain the refusal determination, we affirm the judgment of the trial court.
The judgment of the trial court is affirmed.
Bailey, J., and Altice, J., concur.