Knisley v. State

OPINION

Opinion by

Justice RICHTER.

Appellant appeals his conviction for driving while intoxicated. In two points of error, appellant complains the trial court erroneously denied his motion to suppress the blood alcohol results obtained from a blood specimen. Appellant argues that a person must be under arrest before section 724.014(a) of the Texas Transportation Code permits the lawful taking of a blood specimen from a person who is dead, unconscious, or otherwise incapable of refusal. Additionally, appellant contends the State lacked probable cause to arrest him. The State argues that the…