State v. Comeaux

OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Pervis Joseph Comeaux, appellee, charged with driving while intoxicated, TEX.REV.CIV.STAT.ANN. art. 6701Z-1, filed a pretrial motion to suppress the result of a blood alcohol content analysis conducted upon a sample of his blood. He argued that the blood sample was seized and analyzed in violation of the Fourth Amendment of the United States Constitution and Article 1, Section 9 of the Texas Constitution. The trial court granted ap-pellee’s motion and suppressed the State’s evidence of appellee’s blood alcohol content. The…