State v. Allen Tercero

OPINION

Evelyn V. Keyes, Justice

In this driving while intoxicated (“DWI”) case, the State of Texas appeals from the trial court’s order granting appel-lee Allen Tercero’s motion to suppress results of a warrantless blood-draw. In two issues, the State argues that (1) the trial court erred in concluding that drawing Tereero’s blood without a warrant violated the Fourth Amendment of the United States Constitution, and (2) the trial court erred “when it impliedly held that Texas Transportation Code [section] 724.012(b)(3)(B) is unconstitutional.”

We affirm.

Background

Officers K. Hogg and J. Huang…