The State of Texas v. Nancy N. Neesley, Appellee

Summary

The Court held that under Texas Transportation Code § 724.012(b) the word “specimen” means a usable sample and that only one specimen may be taken when a suspect refuses consent, reversing the Court of Appeals and remanding for further proceedings. Justice Johnson dissented, arguing the statute’s plain language permits multiple draws, while Justice Keller concurred in the judgment but disagreed with the majority’s limitation on the number of specimens.