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THOM v. STATE

No. 14-12-00973-CR.

437 S.W.3d 556 (2014)

Michael Lee THOM, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist).

June 19, 2014.

Attorney(s) appearing for the Case

Michael Driver , Eugene Paul Tausk , Houston, for Appellant.

Eric Kugler , Houston, for the State.

Panel consists of Chief Justice FROST and Justices JAMISON and WISE.

OPINION

KEM THOMPSON FROST, Chief Justice.

In this appeal we address two issues relating to the propriety of a warrant for a blood draw from an individual suspected of driving while intoxicated: (1) Does Texas Code of Criminal Procedure article 18.01(j) allow a police officer to obtain a warrant for a blood draw if a suspect has consented to a breath test? and (2) Is a warrant for a blood draw supported by probable cause when a suspect's breath test displays...

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