Badgett v. State

MEYERS, J.,

filed this concurring opinion.

I join the opinion of the Court. I write to point out that the Court of Appeals’ holding writes into the controlling statute a presumption that, once established, places a burden on the defendant to overcome it, in contravention of the plain language.

The Transportation Code provides that a police officer shall require the taking of a blood specimen if, among other requirements, “(1) the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft; and (2) the person was the operator…