Chelsie M. Sorensen, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

[1] Chelsie M. Sorensen appeals her sentence for operating a vehicle while intoxicated causing serious bodily injury as a level 5 felony and the trial court's order that she pay a drug interdiction fee. We affirm and remand for an amended order related to fees.

Facts and Procedural History

[2] On May 27, 2023, Sorensen operated a motor vehicle while intoxicated and was involved in a collision. The probable cause affidavit prepared by Gibson County Sheriff's Deputy Garrett Tuley stated that he was dispatched to the scene and found a Chevrolet Malibu and a Dodge pickup truck and their drivers and witnesses.¹ Deputy Tuley rendered first aid to Sorensen, who was on her back inside the Malibu and had a dislocated arm. The driver of the pickup truck told Deputy Tuley that he “got T-boned.” Appellant's Appendix Volume II at 15. A driver who had been traveling behind the pickup truck told Deputy Tuley that Sorensen “disregarded the stop sign at a high rate of speed, entering the roadway and striking” the pickup truck. Id. Another witness stated that Sorensen's vehicle “was moving extremely fast, too fast to be able to stop even if it had wanted to” and “never appear[ed] to slow down and T-boned” the pickup truck. Id. Deputy Tuley stated that he “went to speak with Ms. Sorensen again,” he “opened the rear doors of the Medic's [vehicle] and was immediately overwhelmed with odor of an alcoholic beverage coming from Ms. Sorensen's person,” he asked Sorensen “how much alcohol [she] had consumed that evening,” and Sorensen “stated that she had ‘one shot’ at ‘7 pm’ and then stated that her only drink was at ‘9 pm’ ” and “also stated that she was ‘sober’ because she had ‘showered and slept’ before driving.” Id. at 15-16. Deputy Tuley stated Sorensen refused to submit to a chemical test. He also stated that, on May 30, 2023, the driver of the pickup truck “stated that his femur was shattered [and] a titanium rod was placed in his leg.” Id. at 16.

[3] On July 18, 2023, the State charged Sorensen with operating a vehicle while intoxicated causing serious bodily injury as a level 5 felony. On February 2, 2026, Sorensen pled guilty as charged. On May 4, 2026, the court held a sentencing hearing. Defense counsel argued, “I think, given [Sorensen's] current physical status, this will not occur again just by the nature of the fact that she ․ was so very ․ severely injured.” Transcript Volume II at 18. Defense counsel argued that Sorensen's dependent children would be affected if she was imprisoned and that her criminal history was limited. Defense counsel also argued, “I think the reason why a sentence not executed at the Gibson County Jail or the Department of Corrections is simply due to her medical status,” “[s]he has 30 to 40 surgeries in the next upcoming years,” “[s]he has to be bathed every day by someone,” and she “has numerous medications.” Id. at 19. Defense counsel requested eighteen months on electronic home detention followed by eighteen months on probation.

[4] Sorensen stated that she has four children, “I'm the only income,” “I'm actually fighting for two of my kids in Illinois,” and “my kids are in Illinois DCS.” Id. at 20. The court stated, “[y]our criminal history is not a significant aggravator because it's some time ago, and ․ also you only have one, but nonetheless it was a serious matter at the time” and “I will note, however, that you completed probation successfully.” Id. The court found the mitigators included that “this conduct is unlikely to reoccur,” Sorensen “pled open to the Court,” she has “significant ongoing injuries,” “this will have a negative effect on [her] dependent children,” and she apologized for her actions. Id. The court sentenced Sorensen to three years with eighteen months executed and eighteen months suspended to probation. The court “order[ed] a 1-year license suspension.” Appellant's Appendix Volume II at 44. The court also ordered Sorensen to pay a “$200.00 drug interdiction fee.” Id.

Discussion

I.

[5] Sorensen argues the trial court erred in assessing a $200 drug interdiction fee. She asserts that Ind. Code § 33-37-5-9 authorizes such a fee where a person is convicted of an offense under Ind. Code Chapter 35-48-4 and that she was not convicted of an offense under that chapter. The State “agrees that the statute does not support the imposition of a drug interdiction fee, as Sorensen was not convicted of an offense involving a controlled substance under Indiana Code 35-48-4.” Appellee's Brief at 9. The State asserts that “this Court should grant remand so that the trial court can impose the mandatory alcohol and drug countermeasure fee under Indiana Code section 33-37-5-10.” Id.

[6] Ind. Code § 33-37-5-9 provides, “[t]he court shall assess a drug abuse, prosecution, interdiction, and correction fee of at least two hundred dollars ($200) and not more than one thousand dollars ($1,000) against a person convicted of an offense under IC 35-48-4.” Sorensen was convicted of operating a vehicle while intoxicated causing serious bodily injury as a level 5 felony under Ind. Code § 9-30-5-4. As Sorensen was not convicted of an offense in Ind. Code Chapter 35-48-4, the trial court erred in imposing a drug interdiction fee. Ind. Code § 33-37-5-10 provides, “[t]he clerk shall collect an alcohol and drug countermeasures fee of two hundred dollars ($200) in each action” in which “(1) a person is found to have: (A) committed an offense under IC 9-30-5 ․ and (2) the person's driving privileges are suspended by the court or the bureau of motor vehicles as a result of the finding.” Ind. Code § 33-37-5-10 applies in this case. Based on the record, we remand for entry of an amended sentencing order which orders Sorensen to pay the countermeasures fee referenced in Ind. Code § 33-37-5-10 and does not order her to pay a fee under Ind. Code § 33-37-5-9. See Meunier-Short v. State, 52 N.E.3d 927, 933 (Ind. Ct. App. 2016) (trial court lacked statutory authority to impose fee under Ind. Code § 33-37-5-9); see also Sears v. State, 194 N.E.3d 1173, 1175 (Ind. Ct. App. 2022) (“Indiana Code chapter 35-48-4 lists offenses related to controlled substances․ As Sears was not convicted of an offense listed in this chapter, the trial court erred in imposing a drug interdiction fee, and we remand so that the trial court may vacate imposition of the fee.”) (citing Meunier-Short).

II.

[7] Sorensen argues her “eighteen-month probation term is inappropriate in light of her character.” Appellant's Brief at 12. She argues, “[t]he nature of the offense justifies reduction,” “[t]he serious bodily injury that resulted from [her] offense is the element that itself determines the felony level,” and she “was herself injured, and the trial court found her significant ongoing injuries as a mitigator.” Id. at 12-13. She asserts, “[a]s for the nature of the offender, the trial court found four other mitigators,” her 2013 battery was not a significant aggravator, and “[s]he is the only income earner providing for her four children.” Id. at 13. She states, “[w]hat remains is eighteen months of probation imposed on a low risk, remorseful offender” and asks that we “revise the suspended portion of her sentence and reduce her probation term.” Id.

[8] Ind. Appellate Rule 7(B) provides that we “may revise a sentence authorized by statute if, after due consideration of the trial court's decision, [we find] that the sentence is inappropriate in light of the nature of the offense and the character of the offender.” Under this rule, the burden is on the defendant to persuade the appellate court that his or her sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind. 2006). Ind. Code § 35-50-2-6 provides that a person who commits a level 5 felony shall be imprisoned for a fixed term of between one and six years with the advisory sentence being three years.

[9] Our review of the nature of the offense reveals that Sorensen drove her vehicle while intoxicated, sped through a stop sign, and struck a pickup truck. The driver of the pickup truck sustained a shattered femur and had a titanium rod placed in his leg. Sorensen claimed at the scene that she was sober.

[10] Our review of the character of the offender reveals that Sorensen, who was born in 1990, “pled open to the Court” to the level 5 felony as charged. Transcript Volume II at 20. The presentence investigation report (“PSI”) indicates that Sorensen committed battery resulting in serious bodily injury as a class D felony in 2013, for which she was sentenced to three years with eleven months executed and the remainder suspended to probation, and that she successfully completed probation. Sorensen reported that “she broke almost every bone in her body,” she “spent 3 months in the ICU, 1 month on the regular floor at the hospital, 1 month at the Waters Nursing Home and 1 month at a Deaconess Rehabilitation Center” and that she “currently needs approximately 38-40 more surgeries.” Appellant's Appendix Volume II at 41. She reported that she started to smoke marijuana sporadically at age seventeen, she started to drink alcohol at age twenty-one, and that “she is a social drinker and only drank a couple times a year.” Id. She also “indicated she has a lot of remorse for the incident.” Id. The PSI indicates that Sorensen's overall risk assessment score using the Indiana risk assessment tool places her in the low risk to reoffend category, and in particular shows a moderate risk in the domains of criminal history, substance abuse, and education, employment, and financial situation, and low risk in the domains of family and social support, neighborhood problems, peer associations, and criminal attitudes and behavioral patterns. After due consideration, we conclude that Sorensen's sentence, including the portion of her sentence suspended to probation, is not inappropriate in light of the nature of her offense and her character.

[11] For the foregoing reasons, we affirm Sorensen's sentence and remand for an amended order related to fees as set forth above.

[12] Affirmed and remanded.

FOOTNOTES

1.   In her brief, Sorensen cites the probable cause affidavit.

Brown, Judge.

Kenworthy, J., and Scheele, J., concur.