Antonio Aviles v. State
2012 Tex. App. LEXIS 8069
| Tex. App. | 2012Background
- Antonio Aviles was charged with felony driving while intoxicated in Texas.
- Trial court denied Aviles’s motion to suppress; Aviles pled nolo contendere and received two years’ confinement.
- On appeal, Aviles argued the blood specimen was obtained without a warrant or consent and should have been excluded.
- Officer Rios stopped Aviles for erratic driving at about 2:20 a.m. and observed signs of intoxication after pulling him over.
- Aviles was arrested; the officer checked his history, learned of two prior DWI convictions, and sought a blood sample under Texas Transportation Code § 724.012 after Aviles refused breath or blood.
- Nurse Elizabeth Arguello drew Aviles’s blood, which was sealed and stored; the trial court denied the motion to suppress and Aviles was sentenced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arrest was valid without a warrant | Aviles argues warrantless arrest violated Fourth Amendment | State contends probable cause and reasonable suspicion supported detention | Arrest supported by probable cause; warrantless arrest valid |
| Whether the blood draw violated consent or warrants requirements | Blood drawn without consent or warrant violated law | Implied consent under §724.012 allows warrantless blood draw in specified circumstances | Warrantless blood draw proper under §724.012(b)(3)(B) given prior DWI convictions and credible information |
| Whether admitting the blood evidence violated constitutional rights beyond Fourth Amendment | Beemans/constitutional rights arguments; insufficient justification | Statutory authorization under Transportation Code controls; no waiver of issues | Claim waived; no sustained error on this point |
Key Cases Cited
- Beeman v. State, 86 S.W.3d 613 (Tex. Crim. App. 2002) (implied-consent framework permits blood draw without warrant in DWI cases)
- Young v. State, 283 S.W.3d 854 (Tex. Crim. App. 2009) (burden-shifting on suppression motions for Fourth Amendment claims)
- Amador v. State, 221 S.W.3d 666 (Tex. Crim. App. 2007) (totality-of-circumstances standard for warrantless seizure analysis)
- Curtis v. State, 238 S.W.3d 376 (Tex. Crim. App. 2007) (reasonable suspicion justifies investigative stop prior to probable cause)
- Torres v. State, 182 S.W.3d 899 (Tex. Crim. App. 2005) (probable cause for warrantless arrest based on officer observations)