I have an unusual situation and am looking for a little guidance. EMS responds to a single vehicle wreck along with a local DPS Trooper. Driver/defendant suffers various injuries that require him to be transported to the local hospital. Defendant is not place under arrest at the scene. On the way to the hospital EMS draws blood prior to inserting an I.V. After speaking with EMS, I found out that they draw blood before inserting an I.V. on every patient. Eight days later I issued a subpoena for blood and the Trooper takes possession of the blood and sends it to Austin. Driver/defendant was three times legal limit. Would the taking of the blood by the EMS have any affect on the admissibility of the results. I anyone knows or has case law on point please respond.

Here's a case that may help. State v. Kelly,
204 S.W.3d 808 (Tex. Crim. App. 2006).
I think the defense would have to show that the blood draw was an assault. But consent is implied under TEX. Health & Safety Code 773.008.