Legal Opinion

McGruder, Michael Anthony

Court of Criminal Appeals of Texas

Decided February 24, 2016No. PD-1263-14PublishedCited by 14 opinions

1Opinion of the Court

OPINION

2Per curiam

■ Section 724.012(b)(3)(B) of the- Texas Transportation Code réquires an officer who has arrested a driver for the offense of Driving While Intoxicated to take a specimen of that driver’s breath or blood for an analysis of blood alcohol concentration when the. officer has reliable information that the driver already has two or more prior DWI offenses. Tex. Teans: Code § 724.012(b)(3)(B). The DWI offender with two prior DWI convictions may not refuse, and the police must compel him to give a specimen, even in the absence of his assent-in-fact, under Section 724.012(b)(3)(B). In the…

3Cases cited9 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Washington State Grange v. Washington State Republican PartySupreme Court of the United States · 2008
  3. Schall v. MartinSupreme Court of the United States · 1984
  4. Briggs v. StateCourt of Criminal Appeals of Texas · 1990
  5. State Ex Rel. Lykos v. FineCourt of Criminal Appeals of Texas · 2011

4 more not listed; retrieve them via the Exa API.

4Cited by14 opinions

  1. Cosino v. StateCourt of Appeals of Texas · 2016
  2. Ex Parte Aaron Louis Taff v. the State of Texas, Texas Court of Appeals, 11th District (Eastland)2025
  3. Ex Parte Derek Ty PoeCourt of Appeals of Texas · 2016
  4. Ex Parte Derek Ty PoeCourt of Appeals of Texas · 2016
  5. Ex Parte Sharon Marie Taff v. the State of Texas, Texas Court of Appeals, 11th District (Eastland)2025

9 more not listed; retrieve them via the Exa API.

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