State v. Elle Obering O'Brien

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00503-CR The State of Texas, Appellant v. Elle Obering O’Brien, Appellee FROM THE COUNTY COURT AT LAW NO. 5 OF TRAVIS COUNTY NO. C-1-CR-11-217744 HONORABLE NANCY WRIGHT HOHENGARTEN, JUDGE PRESIDING MEMORANDUM OPINION Following her arrest for the misdemeanor offense of driving while intoxicated,1 appellee Elle Obering O’Brien’s blood was drawn without a warrant pursuant to section 724.012(b) of the Texas Transportation Code, commonly known as the mandatory-blood-draw statute.2 Prior to trial, O’Brien filed a motion to suppress…