State v. Byers

Flowers, Justice:

An automobile driven by the defendant, Isaac Byers, struck another vehicle on State Route 102 in McDowell County. When the defendant was in the hospital emergency room for treatment of injuries sustained in the accident, a state trooper directed a physician to extract a blood sample from the defendant for chemical analysis of its alcohol content. Fourteen days after the accident, a warrant for the defendant was issued, charging him with driving a motor vehicle upon a public highway under the influence of intoxicating liquor. Subsequently, the defendant was indicted for the…