Indiana Supreme Court April 29, 1997, No. 64S03-9704-CR-276 (Smith v. State)

SHEPARD, Chief Justice.

Appellant David W. Smith has appealed his conviction for driving while intoxicated, a class D felony. Police officers encountered him at 12:55 a.m. passed out in his ear, partially on the roadway, with the motor running, the transmission in reverse, and Smith’s foot on the brake. He later tested .18% blood alcohol content.