Garcia, Irma Claudio, PD-0233-15

Irma Claudia Garcia was arrested for DWI after a single-vehicle collision; officer observed signs of intoxication and she admitted drinking.
Garcia refused breath and blood testing; she also admitted two prior DWI convictions, which the officer verified.
Officer Dech ordered a warrantless, nonconsensual blood draw under Tex. Transp. Code § 724.012(b)(3)(B) (statute requiring blood draw when arrestee has two prior DWIs).
No warrant was obtained and the State did not point to exigent circumstances or another recognized Fourth Amendment exception at the suppression hearing.
Trial court granted Garcia’s motion to suppress the blood results; the State appealed.
The Fourth Court of Appeals affirmed, holding § 724.012(b) does not permit a warrantless, nonconsensual blood draw absent exigent circumstances or another recognized Fourth Amendment exception.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a warrantless, nonconsensual blood draw compelled under Tex. Transp. Code § 724.012(b)(3)(B) is reasonable under the Fourth Amendment	The State: § 724.012(b)(3)(B) authorizes a warrantless forced blood draw for suspects with two prior DWI convictions, so exigent circumstances are not required	Garcia: McNeely requires a warrant or a recognized exception (e.g., exigency) before a nonconsensual blood draw; the statute cannot supersede the Fourth Amendment	Court: Affirmed suppression — McNeely requires a warrant or a recognized exception; § 724.012(b) does not itself eliminate the warrant requirement

Missouri v. McNeely, 133 S. Ct. 1552 (2013) (holding that the natural dissipation of alcohol in the bloodstream does not create a per se exigency; warrantless blood draws are reasonable only if a recognized exception to the warrant requirement applies)