Texas v. Ruiz (original by judge keel)Annotate this Case
Appellee Jose Ruiz was charged with felony driving while intoxicated after the State took a blood sample from him without a warrant and while he was unconscious. The trial court granted his motion to suppress his blood test results, and the court of appeals affirmed. The State sought discretionary review to determine whether: (1) implied consent to a blood draw from an unconscious driver was reasonable under the Fourth Amendment; and (2) exigent circumstances justified the warrantless blood draw. The Court of Criminal Appeals granted review of the first ground, and held that implied consent was not a valid basis for a blood draw in the circumstances presented here. The Court then granted review of the second ground concerning exigent circumstances, vacated the lower court’s holding on that issue, and remanded the case to the court of appeals for reconsideration of it in light of Mitchell v. Wisconsin, 2019 U.S. LEXIS 4400, 139 S.Ct. 2525 (2019).