FRIEDLANDER, Judge.
Annette Pittman appeals her conviction of Public Intoxication,
We affirm.
The facts favorable to the conviction are that, at approximately 3 a.m. on May 7, 2011, Officer Ivalee Craney of the Indianapolis Metropolitan Police Department responded to a report of trouble at a gas station on Washington Street in Indianapolis. Upon arrival, the officer was informed by the attendant that a woman, later identified as Pittman, had appeared at the gas station and asked to use the station's telephone. When permission was denied, Pittman refused to leave the station despite being asked several times to do so. When Officer Craney approached Pittman, she noted that Pittman's speech was slurred, she exhibited "unsteady balance" and "swaying", Transcript at 8 and 10, respectively, and the officer smelled the strong odor of alcohol on Pittman's breath. Officer Craney spoke with Pittman for several
Pittman contends the evidence was not sufficient to sustain her conviction of public intoxication. Specifically, Pittman contends "the State failed to follow the requirements of Ind.Code 12-23-15-2 to have the defendant evaluated for nonalcoholic factors that may have contributed to her appearance of intoxication." Appellant's Brief at 1.
Our standard of reviewing challenges to the sufficiency of the evidence supporting a criminal conviction is well settled.
Gray v. State, 957 N.E.2d 171, 174 (Ind. 2011). When considering a challenge to the evidence, we neither reweigh the evidence nor assess the credibility of witnesses. Turner v. State, 953 N.E.2d 1039 (Ind.2011).
Ind.Code Ann. § 12-23-15-2 (West, Westlaw through legislation effective May 31, 2012) states: "An individual to be taken to the city lock-up or county jail shall be evaluated at the earliest possible time for nonalcoholic factors that may be contributing to the appearance of intoxication." The State offered no evidence, through Officer Craney's testimony or otherwise, as to what occurred after Pittman was delivered to the jail. Pittman's conviction is based entirely upon evidence of what Officer Craney observed of Pittman's behavior and condition at the scene of the incident. Pittman contends that I.C. § 12-23-15-2 requires more. She contends that it "imposes a duty on the police to have persons arrested for public intoxication evaluated to determine if there are reasons other than alcohol that the person would be exhibiting signs of intoxication." Appellant's Brief at 3-4.
Our research reveals no cases discussing I.C. § 12-23-15-2, and only three cases mentioning its predecessor, I.C. § 16-13-6.1-32(c)
Id.
The foregoing passage in Parker constitutes all of the guidance our previous decisions provide with respect to the purpose and application of the current I.C. § 12-23-15-2. Although it is not much, it reflects that this provision does not compel the State to administer a chemical sobriety test, or, by explication, any other particular kind of test. What it does require is an "evaluation" for possible alternate causes (i.e., other than consumption of alcohol) for behavior that evinces intoxication and for which the subject will otherwise be transported to jail. Pittman's argument assumes that this evaluation must necessarily consist of medical or scientific testing. We cannot agree with the premise.
The term "evaluation" does not connote testing, but instead conveys something more general — a determination of the condition of something by careful appraisal or study. If we construed the statute as Pittman urges, i.e., as requiring the administering of chemical or medical tests for the purpose of discovering whether nonalcoholic factors might be the cause of the behavior in question, then we would be saddling the State with the near-impossible task of proving a negative. It would be tantamount to forcing the State to disprove that the subject's behavior was caused by anything other than ingestion of alcohol. For example, a medical test would be required to prove that the subject had not suffered a hypoglycemic attack, or a seizure, or a stroke, or had experienced a severe or adverse reaction to prescription medication, or had sustained a concussion — and so on. The futility of embarking on such a quest is obvious and surely was not what the legislature intended. We conclude instead that the statute means what it says — having observed what appear to be behavioral symptoms of alcohol intoxication, attending officers must evaluate the situation and the person as soon as is practicable to determine whether the suspect behavior has an innocent cause. This may or may not require, for example, a blood test or a physical examination. The circumstances will dictate what a reasonable evaluation entails, and most especially whether it entails the administering of medical or chemical tests.
In the present case, Officer Craney observed that Pittman's speech was slurred and she was unsteady on her feet. Pittman was belligerent and uncooperative. When she came close enough to Pittman, Officer Craney noted that Pittman's
Judgment affirmed.
MAY, J., and BARNES, J., concur.