TX remands blood draw from unconscious motorist under Mitchell v. Wisconsin

“Appellee 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 is reasonable under the Fourth Amendment, and (2) exigent circumstances justified the warrantless blood draw. We granted review of the first ground, and we hold that implied consent is not a valid basis for a blood draw in the circumstances presented here. We now grant review of the second ground concerning exigent circumstances, vacate the lower court’s holding on that issue, and remand the case to the court of appeals for reconsideration of it in light of Mitchell v. Wisconsin, 139 S.Ct. 2525, 204 L. Ed. 2d 1040 (2019).” State v. Ruiz, 2019 Tex. Crim. App. LEXIS 856 (Sept. 11, 2019).