Michael Joe Lyssy v. State

OPINION

MICHAEL MASSENGALE, Justice.

This appeal concerns a Texas statute which requires a law enforcement officer to take a blood sample from a suspect arrested for driving while intoxicated when the officer has reliable information from a credible source that the suspect has two prior convictions for driving while intoxicated. See Tex. Transp. Code Ann. § 724.012(b) (West 2011). Appellant Michael Joe Lyssy was charged by information with the misdemeanor offense of driving while intoxicated. See Tex. Penal Code Ann. § 49.04 (West 2011). Lyssy moved to suppress evidence of a blood draw taken…