Moczek v. Bechtold

NEELY, Justice:

The appellant, Michael Moczek, was arrested on 25 May 1985, by State Trooper C. White, for driving under the influence of alcohol. Trooper White had observed Mr. Moczek’s car weaving back and forth, and after stopping Mr. Moczek, Trooper White noticed that the appellant had glassy eyes, slurred speech and difficulty walking. After Trooper White advised appellant of the West Virginia implied consent law, and after appellant stated that he understood the penalties for failure to take the designated breathalyzer test, appellant refused to submit to the breath test on three…