Santiago Tulul Sac v. The State of Texas

Summary

The Texas Court of Appeals, Second Appellate District, affirmed Santiago Tulul Sac’s conviction for driving while intoxicated with a blood alcohol concentration of 0.15 or more. The court held that the officer had reasonable suspicion to stop Sac’s vehicle based on database information indicating unconfirmed insurance, that Sac freely and voluntarily consented to a blood draw, and that his language-barrier argument was not preserved for appellate review.

Holdings

1. The traffic stop was supported by reasonable suspicion because the officer had specific, reliable information from an in-car database indicating that Appellant's vehicle lacked reported insurance for more than 45 days, giving her a reasonable basis to suspect a traffic offense.
2. Appellant freely and voluntarily consented to the blood draw, and the record did not show that he withdrew his consent or that the officer coerced him into consenting at the hospital.
3. Appellant failed to preserve his claim that a communication barrier prevented him from understanding the officer's instructions because the specific claim was not adequately presented to the trial court in the motion to suppress or during the subsequent proceedings.

Questions Presented

1. Whether the officer had reasonable suspicion to stop Appellant's vehicle based on an insurance database entry indicating unconfirmed insurance for more than 45 days.
2. Whether Appellant freely and voluntarily consented to the blood draw and withdrew that consent at the hospital.
3. Whether Appellant's claim that a communication barrier prevented his understanding of the investigation was preserved for appellate review.

Disposition

affirmed