Nicolas A. Ramirez v. State, 02-15-00421-CR

On January 2, 2013, Officer Rodriguez stopped Ramirez after observing lane-straddling and lane departures and smelling alcohol; Ramirez admitted to drinking and performed field sobriety tests.
Based on driving, field tests, and admission, Ramirez was arrested for DWI and taken to jail.
Officer Salvato, a certified intoxilyzer operator, observed Ramirez then administered two breath samples showing .188 and .194 g/210L.
Ramirez filed a pretrial motion to suppress the breath-test results, but the trial court never ruled on it before trial, and Ramirez did not renew the objection at trial.
At trial, Ramirez’s counsel expressly stated she had "no objection" when the State offered the breath-test results; the jury convicted Ramirez of DWI with BAC ≥ 0.15.
Ramirez appealed solely arguing the breath-test results were improperly admitted because Salvato did not testify he ran a reference sample prior to Ramirez’s test.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of breath-test results (no reference-sample testimony)	Ramirez: results inadmissible because administering officer didn’t testify a reference sample was run before testing him	State: issue not preserved; results were admissible; any error harmless	Court held issue not preserved—Ramirez failed to obtain trial-court ruling and affirmatively had "no objection" at trial; conviction affirmed

Ford v. State, 305 S.W.3d 530 (Tex. Crim. App. 2009) (preservation-of-error requirement for appellate review)
Wenger v. State, 292 S.W.3d 191 (Tex. App.—Fort Worth 2009) (preservation rules and requirements for stating grounds)
Estrada v. State, 313 S.W.3d 274 (Tex. Crim. App. 2010) (preservation and review of evidentiary complaints)