Mersiovsky v. State

McKAY, Justice.

This is an appeal from a conviction for driving a motor vehicle upon a public highway while intoxicated. Appellant pleaded not guilty, and the jury assessed punishment at eighteen (18) months confinement in the Anderson County Jail and a fine of $500.00.

Appellant brings four grounds of error. Appellant’s first contention is twofold. Appellant initially contends the blood sample taken from him while he was in the hospital was obtained without his effective consent. Appellant’s consent is required only if he was under arrest at the time the blood sample was taken. Bennett v.…