ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 70A01-0310-CR-401.
SHEPARD, Chief Justice.
There is a division of authority in Indiana concerning whether it is proper to instruct a jury that it may consider a driver's refusal to submit to a chemical test as evidence of intoxication. We hold that lawyers may argue to jurors that this is so, and jurors may agree or disagree, but that courts should not so instruct.
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