Robert Rene Torres v. State, 03-14-00541-CR

Robert Torres was arrested for DWI (third-degree felony) after a traffic stop and had two prior DWI convictions.
At the Travis County Jail, officers obtained Torres’s blood involuntarily under Texas Transportation Code chapter 724 after he refused to provide breath or blood voluntarily.
The arresting officer did not seek a warrant and testified familiarity with warrant procedures but relied solely on the statutory mandatory-draw authority.
Torres filed a motion to suppress the blood evidence; the trial court held an evidentiary hearing, found no exigent circumstances, and denied the motion.
Torres pleaded pursuant to a plea agreement but preserved his right to appeal the suppression ruling.

Issue	Plaintiff's Argument (Torres)	Defendant's Argument (State)	Held
Whether involuntary, warrantless mandatory blood draw under Tex. Transp. Code ch. 724 satisfies the Fourth Amendment without a warrant	Chapter 724 does not satisfy the warrant requirement; without exigent circumstances the blood draw was unconstitutional	Chapter 724 authorizes a valid alternative to a warrant for mandatory blood draws after DWI arrests	Trial court denied suppression; on appeal Torres argues Villareal and McNeely require suppression absent exigency (appellate court asked to reverse)

Balentine v. State, 71 S.W.3d 763 (Tex. Crim. App. 2002) (standard of review for suppression rulings and deference to trial court fact findings)
Carmouche v. State, 10 S.W.3d 323 (Tex. Crim. App. 2000) (distinguishing historical fact review from de novo review of law applied to facts)
Missouri v. McNeely, 133 S. Ct. 1552 (U.S. 2013) (natural metabolization of alcohol does not create a per se exigency; exigency must be assessed case-by-case)