Smith, William A/K/A Bill Smith

KELLER, P.J., announced the judgment of the Court and delivered an opinion in which KEASLER, HERVEY and YEARY, JJ., joined.

Appellant was convicted of driving while intoxicated. His conviction was based in part upon evidence obtained as a result of a warrantless mandatory blood draw conducted pursuant to Chapter 724 of the Health and Safety Code.1 The court of appeals reversed appellant’s conviction on the basis that drawing appellant’s blood without a warrant violated the Fourth Amendment. In its petition for discretionary review, the State contends, inter alia, that appellant failed to…