Combest v. State

In Combest v. State, 981 S.W.2d 958 (Tex. App.--Austin 1998, pet. ref'd), the trooper interviewed the injured driver at the scene of the accident and again later at the hospital, where he asked the driver for a blood specimen. Id. at 960. The trooper testified that he had not yet made any determination of whether the defendant was intoxicated and wanted to wait for the blood test results. Id. Before obtaining the blood specimen, the trooper read the DIC-24 form and gave the driver Miranda warnings. Id. The trooper then informed the driver that if he passed the blood test "he probably would not hear from me on it." Id. In any event, both the defendant and the State stipulated that the defendant "was not under arrest nor in custody at the time he consented to give the blood specimen." Id.