Antonio Ruiz Perez v. State
464 S.W.3d 34
| Tex. App. | 2015Background
- Late-night traffic stop after officer observed red Corvette weaving and failing to maintain lane; officer smelled alcohol and driver (Perez) admitted drinking.
- Officer administered part of HGN; Perez was unsteady, refused further field sobriety and breath tests, and refused to sign statutory warnings.
- Officer learned via dispatch that Perez had two prior DWI convictions, arrested him for DWI (third offense), and took him to a hospital where blood was drawn without a warrant; blood alcohol = 0.17.
- At the suppression hearing Perez sought suppression of evidence obtained without a warrant and specifically objected to the warrantless blood draw; trial court denied suppression.
- Jury convicted Perez of DWI, third offense; trial court assessed 25 years’ confinement. On appeal, Perez challenged (1) the probable-cause basis for the warrantless arrest and (2) the constitutionality under the Fourth Amendment of the warrantless blood draw. Court reversed and remanded.
Issues
| Issue | Plaintiff's Argument (Perez) | Defendant's Argument (State) | Held |
|---|---|---|---|
| 1. Probable cause for warrantless arrest | Officer lacked probable cause; stop/arrest unlawful | Officer observed traffic violation, odor of alcohol, admission of drinking, HGN signs, unsteadiness, refusal to cooperate — sufficient probable cause | Denied — totality of circumstances supported probable cause; no abuse of discretion in denying suppression on this ground |
| 2. Warrantless blood draw — Fourth Amendment | Statute cannot authorize warrantless, nonconsensual blood draw; Perez revoked implied consent by refusing tests and warnings; search unreasonable without warrant or exception | Blood draw was authorized by Tex. Transp. Code §724.012(b)(3)(B) (mandatory draw where prior convictions) and implied-consent scheme | Sustained — warrantless blood draw violated Fourth Amendment because implied/mandatory consent is not voluntary consent and no other warrant exception was shown; suppression required |
Key Cases Cited
- Watson v. United States, 423 U.S. 411 (warrantless arrest for offense committed in officer's presence reasonable if probable cause exists)
- Beck v. Ohio, 379 U.S. 89 (definition of probable cause for arrest)
- Brinegar v. United States, 338 U.S. 160 (probable cause requires more than bare suspicion)
- Schneckloth v. Bustamonte, 412 U.S. 218 (consent to search must be voluntary under totality of circumstances)
- Florida v. Jimeno, 500 U.S. 248 (scope of consent search defined by objective manifestations)
- Missouri v. McNeely, 569 U.S. 141 (warrant requirement for nonconsensual blood draws; exigency not automatic because of natural dissipation)
- Bartlett v. State, 270 S.W.3d 147 (refusal to submit to breath test admissible as consciousness of guilt under Texas law)
- Gore v. State, 451 S.W.3d 182 (Tex. App.—Houston [1st Dist.] 2014) (statutory mandatory blood-draw scheme cannot supply voluntary Fourth Amendment consent)