David McKeand v. State

OPINION

This appeal arises from a pretrial writ of habeas corpus. The trial court issued a writ of habeas corpus but denied the relief sought, refusing to dismiss the case. Appellant filed a timely notice of appeal.

Background

A deputy constable obtained a blood draw. See Tex. Transp. Code Ann. § 724.012. The record reflects appellant’s blood alcohol content was .08. Appellant asserted there was no probable cause to arrest. He also asserted that he was unreasonably seized when handcuffed and placed in the back of a patrol car. The trial court conducted a hearing on November 8, 2018, which was…