The appellant appeals his conviction for allegedly driving while intoxicated, contending that the trial court erred in overruling his motion to suppress the results of blood tests. The trial court could have found, as supported by the record, that appellant was unconscious or otherwise incapacitated pursuant to Texas Transportation Code §724.014. The appellant is considered not to have withdrawn his consent provided by §724.011. The trial court's judgment is affirmed. Amarillo Court of Appeals, No. 07-12-00038-CR, 11-13-2012.
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Miller v. State
Tex. App. Dist. 7
November 20, 2012
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