Daniel James Weems v. State

OPINION

Opinion by: KAREN ANGELINI, Justice.

At issue in this appeal is whether the warrantless blood draw administered to Daniel James Weems violated his rights under the Fourth Amendment to the Constitution. Because we hold that Weems’s rights under the Fourth Amendment were violated, we reverse the judgment of the trial court and remand for a new trial.

Background

Weems was charged with the felony offense of driving while intoxicated with a “repeat felony offender” enhancement allegation. At trial, the arresting officer, Jimmy Bustamante of the Bexar County Sheriffs Office, testified that on…