Jonathan Albert Leal v. State

*651CONCURRING OPINION ON REMAND

Kem Thompson Frost, Chief Justice

Appellant moved to suppress evidence of his blood-alcohol concentration by challenging the legality of a traffic stop that eventually led to his arrest for driving while intoxicated (DWI). Appellant later amended his motion to suppress to challenge the warrantless blood draw on Fourth Amendment grounds. On original submission and over my dissent, this court reversed appellant’s DWI conviction and remanded for a new trial.1 Addressing an issue of first impression in this court, the majority concluded that the trial court should have…