TX4: Priors for DUI and PC for new one supported warrantless blood draw under TX law

Defendant had two priors for DUI, and he was arrested for a third with probable cause. Under Texas law, refusal of a breath test could require a blood draw, and defendant refused. There was probable cause, and the blood draw was not unreasonable. Aviles v. State, 385 S.W.3d 110 (Tex. App. – San Antonio 2012).*

A radio report of a red Cadillac being involved in an armed robbery led to officers seeing one a few blocks from the robbery, and it was somewhat elusive and stopped and the occupants fled. There was probable cause for the stop. United States v. Bynum, 2012 U.S. Dist. LEXIS 139386 (D. Minn. August 30, 2012).*

The record supports the finding that defendant consented to the search of his car that led to a valid inventory, too. On appeal, the appellate court noted the trial court failed to impose a mandatory DL suspension, so the case is remanded to imposed that in the judgment. State v. Arrazzaq, 2012 Ohio 4365, 2012 Ohio App. LEXIS 3856 (1st Dist. September 26, 2012).*