Full opinion text
OPINION ALCALA, J., delivered the opinion of the Court in which PRICE, WOMACK,. JOHNSON, and COCHRAN, JJ., joined. In this case, we are asked to decide whether the warrantless, nonconsensual drawing of blood from an individual suspected of driving while intoxicated, conducted pursuant to the implied-consent and mandatory-blood-draw provisions in the Texas Transportation Code, violates the Fourth Amendment. See U.S. Const. amend. IV; Tex. Transp. Code §§ 724.011(a), 724.012(b), 724.013. This question comes to us in the form of an interlocutory appeal filed by the State challenging the trial court’s order granting a motion to suppress in favor of David Villarreal, appellee, who was arrested for felony DWI and subjected to warrantless blood-specimen collection over his objection pursuant to the provisions in the Code. In its petition for discretionary review, the State challenges the trial court’s and the court of appeals’s conclusion that the, warrantless search of Villarreal’s blood under statutory authority providing for implied consent and mandatory blood-specimen collection violated the Fourth Amendment. See State v. Villarreal, No. 13—13— 00253-CR, 476 S.W.3d 45, 2014 WL 1257150 (Tex.App. — Corpus Christi Jan. 23,2014). It further challenges two specific aspects of the court of appeals’s analysis by contending that the court erred in concluding that (1) the State forfeited its implied-consent argument on appeal by stipulating to the fact that Villarreal did not consent to the blood draw, and .(2) the mandatory-blood-draw • statute, by its terms, does not dispense .with the warrant requirement. In addressing the merits of the State’s challenge to the trial court’s ruling, we conclude that the warrantless, nonconsen-sual testing of a DWI suspect’s blood does not categorically fall within any recognized exception to the Fourth Amendment’s warrant requirement, nor can it be justified under a general Fourth Amendment balancing test. Accordingly, we hold that the search in this .case violated the. Fourth Amendment. With respect to the State’s specific complaints regarding the court of appeals’s analysis, we conclude that, although the court of appeals erred by determining that the State forfeited its implied-consent argument on appeal through stipulatioii, rem'and is unnecessary in light of both the.court of appeals’s implicit rejection of that argument and. our express rejection of that argument in our analysis today. We further conclude that the court of appeals erred to address the constitutionality of the mandatory-blood-draw statute and, in light of our holding in this case, we decline to review the State’s complaint with respect to that matter. We affirm the trial court’s ruling suppressing the blood-test results. I. Background Applying the law to the undisputed facts, the'court *of appeals upheld the trial court’s ruling granting' the motion to suppress the results of Villarreal’s blood test. A. The Facts One Saturday evening in 2012, Villarreal was stopped for a traffic violation. The officer who made the stop, Officer Preiss, observed that Villarreal had signs of intoxication, and he contacted another officer, Officer Williams, to conduct a DWI investí gation. Upon árrival át the scene, Williams observed that Villarreal was exuding a strong odor of alcohol, was swaying back and forth, and had red, watery eyes and slurred speech. Williams requested that Villarreal perform standardized field sobriety tests, but he refused. Believing Villarreal was intoxicated, Williams arrested him on suspicion of DWI. Williams then gave Villarreal a written statutory warning requesting that he provide a blood specimen and advising him that, if he refused to provide a specimen, his refusal may be admissible in a subsequent prosecution and would result in the suspension or denial' of his driver’s license for not less than 180 days. Villarreal refused. After a’criminal-history check revealed that Villarreal had been convicted of DWI on several occasions, Williams transported him -to a hospital and requested that a qualified technician draw his blood over his objection. Williams prepared a written report averring that he had probable cause to believe that Villarreal had committed the offense of DWI and that, based on reliable information possessed or received from a credible source, Villarreal had previously been convicted of or placed on community supervision for DWI on two or more occasions. The report stated that Williams was “invoking [his] authority under [Texas Transportation Code], Section 724.012(b), to require the suspect to submit to the taking of a specimen of the suspect’s blood.” See Tex. Transp. Code § 724.012(b)(3)(B) (statute providing for mandatory-blood-specimen collection for person twice before convicted of DWI). The qualified technician drew Villarreal’s blood, which, upon testing, revealed a blood-alcohol concentration of .16 grams of alcohol per hundred milliliters of blood. B. The Trial Court Proceedings Given his multiple prior convictions for DWI, Villarreal was indicted for felony DWI. He filed a written motion to suppress the results of his blood test. In his motion, Villarreal averred that there was no “deemed consent to the taking of a blood specimen.” The trial court conducted an evidentiary hearing, at which Williams was the sole witness. Williams stated that he “could have” obtained a warrant, but believed he “did not statutorily have to” in light of the mandatory-blood-draw provision in the Code. He further stated that his decision to require the taking of the specimen, was based solely , on the statutory authorization and not on any emergency at the scene or the existence of exigent circumstances. Aside from Williams’s testimony, the parties addition-aEy stipulated that Villarreal’s “blood was drawn without his consent and without a warrant.” After the close of evidence, Villarreal’s attorney argued that the Supreme Court’s recent decision in Missouri v. McNeely held that, in the absence of exigent circumstances, a DWI suspect’s blood may not be drawn without a warrant, and hé furthér argued that the federal Constitution overrides the Texas statute that authorizes a mandatory blood draw in certain situations. See Missouri v. McNeely, — U.S. —, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013); Tex. Transp. Code § 724.012(b). The State’s attorney- disagreed 'that McNeely affected the validity of Texas’s mandatory-blood-draw provision and, based on the fact that a portion of McNeely was a plurality opinion, she asserted that its holding did not necessarily disapprove of this type of mandatory statutory blood draw conducted pursuant to implied consent. After the attorneys’ arguments, the trial court granted Villarreal’s motion. The Stat'e filed a motion asking the trial court to reconsider its ruling. In its motion, the State repeated its arguments interpreting the meaning of the McNeely decision. The State asserted that McNeely is generally inapplicable to situations involving a mandatory blood draw -through implied consent in that McNeely addressed only exigent circumstances and did not-address other Fourth Amendment exceptions. The State also asserted that McNeely included language signifying that the Supreme. Court remains open to implied-consent laws as an alternative to a warrant. The State contended that the plurality portion of the McNeely opinion signified that “there appears to be a differently-constituted-five-vote block [sic] that remains open to a modified rule departing from the warrant, requirement in circumstances other than a per se blood-alcohol exigency.” It suggested that the Supreme Court’s language contained “positive references” to implied-consent laws and “in no way disapproved of the States’ carefully tailored implied consent schemes where only specified and limited situations authorized compelled blood draws after refusal,” and when such searches are based upon probable causé. The State’s motion to reconsider additionally made three specific arguments, which are discussed more fully below, in support of its broader contention that a warrantless, nonconsensual search conducted pursuant to the statutory authority in the Transportation Code does not violate the Fourth Amendment: (1) Courts should uphold such a search under the consent exception to the warrant requirement, appearing in the form of a waiver obtained through implied consent; (2) courts should consider whether some other exception - to the search-warrant requirement might apply, such as expansion of the automobile exception into an automobile-driver exception or application of the special-needs exception; and (3) courts should conduct a balancing of governmental and private interests and find that a warrant-less search of a DWI suspect’s blood is generally reasonable in light of the minimally intrusive nature of a blood draw and the State’s substantial public interest in protecting against drunk driving. In its first argument, the State asse%ted that “a defendant’s implied consent is valid as an exception to the warrant preference/’ It suggested that a defendant, by driving on Texas roadways, • which is a privilege - and not a right, has- impliedly consented to have his blood drawn under the limited situations described in the mandatory-blood-draw provision, and he thus waives any right to later complain about a warrantless search conducted.pursuant to that provision. The State asserted that, unlike consent in the. traditional sense, such. a waiver of Fourth Amendment rights applies “in spite.of the suspect’s protest at the time of the search in question.” .The State contended that the “Supreme Court has long recognized a parallel exception [to the consent exception] in the form of a prior waiver of the Fourth Amendment rights to probable cause .and a warrant as ■ a condition for some benefit extended to the suspect from the State.” In the case of the mandatory-blood-draw statute,, “which the'law presumes the driving public to.have read,” the State suggested that “the driver impliedly agrees ahead of time that, in exchange for the privilege of driving on our roads, he is willing to waive the right to a warrant in these limited circumstances.” The State’s second argument advocated for the broadening of the automobile exception to the warrant requirement into an automobile-driver exception, or; alternatively, application of the special-needs doctrine. The State claimed that, just as society has a lessened expectation of privacy in automobiles in light of their “ready mobility” and ¡the “pervasive regulation of vehicles,” a driver’s expectation of privacy in his blood is similarly diminished because he is “just as mobile .as his 'Vehicle, [and] just as subject to pervasive licensure and regulation^]” It suggested that a driver’s normal expectation of a warrant yields to common concerns inherent in a “highly regulated activity in-which the driver freely chooses to engage.” Drivers, it asserted, are “on notice of the lessened degree of privacy protection in matters that concern the safety of the roads on which they drive,” and they should know that “their blood can be drawn without a warrant” under the conditions specified by statute. On that basis, it urged the court to “recognize a driver exception t’o the warrant requirement coextensive with the vehicle exception.” The State’s third argument suggested that a Fourth Amendment balancing test shduld. favor a warrantless blood draw by weighing the minimal intrusion of a blood draw against the substantial "public interest in protecting against drunk driving. The State contended that, even short of a free-standing exception in the nature of the traditional exceptions to the warrant requirement, “the courts should allow the States to craft such an exception” to the warrant requirement based on the “substantial public interest in ridding the road of drunk drivers,” as compared to only a “slight” invasion of a privacy interest through a minimal pin prick to the skin. Noting that the Legislature’s objective for adopting the mandatory-blood-draw law applicable to this case was to “save lives,” the State’s attorney observed that Texas has the nation’s worst drunk-driving problem and its citizens “face a- uniquely disproportionate risk of being killed or injured by drunk drivers, compared to any other State.” .In contrast to the.State’s and society’s substantial interest in curbing drunk driving, the State’s attorney averred that a DWI suspect has a diminished privacy interest in his blood in light of the existence of implied consent and the highly regulated nature of driving. As for the nature of the intrusion itself, the State’s attorney argued that a pin prick to take a person’s blood constitutes only a slight invasion of. an individual’s. privacy because these, types, of tests are considered routine by most people. After the State filed its-motion asking the trial court to reconsider its ruling, the trial court made findings of fact and a conclusion of law impliedly denying the State’s motion. In pertinent part, the trial court’s findings of fact determined that Officer Williams credibly assessed the facts showing that Villarreal was intoxicated and had twice before been convicted of DWI; that Villarreal’s blood was drawn without a warrant and without his consent;' and that there were no exigent circumstances preventing the officer from obtaining a warrant. The trial court’s single conclusion of law stated, “The Court concludes that the Defendant’s blood was illegally'obtained without a warrant and in the absence of a recognized exception' to the warrant requirement, and that ’ the statutory blood draw was invalid and unconstitutional without exigent circumstances to support the absence of a warrant.” ‘ C. The Court of Appeals Opinion After the State filed an interlocutory appeal challenging the' trial court’s ruling in' favor of Villarreal, the court of appeals affirmed the ruling suppressing the results of the blood test. Villarreal, 2014 Tex. App. LEXIS 645, 2014 WL 1257150, at *1, 11. In its sole issue ón appeal, the State contended that the trial court erred by granting'Villarreal’s motion to suppress on the basis that the blood draw was involuntary and eoriducted without a warrant, and it asserted that the “repeat offender” provision of the mandatory-blood-draw statute could serve as a valid basis for upholding the search. See Tex. Transp. Code § 724.012(b)(3). In rejecting the State’s position, the court of appeals determined that (1) notwithstanding the officer’s compliance with the mandatory-blood-draw provision, the warrantless blood draw in this case violated the Fourth.Amendment, and (2) the mandatory-blood-draw statute was not unconstitutional. Villarreal, 2014 .WL 1257150, at *8-11. 1. Court of Appeals Held that Fourth Amendment Violation Occurred The court of appeals addressed the arguments that the State had presented to the trial court in support of its claim that the warrantless search of Villarreal’s blood did not violate the Fourth Amendment. With respect to the State’s broad claim that the McNeely holding was inapplicable to this case and included language signifying that the Supreme Court was open to implied consent laws as an alternative to a search warrant, the court of appeals disagreed. Id. at *4, 10. It observed that McNeely, which had disavowed a per se rule of exigency for blood draws in DWI cases; signified that “[w]hether a warrant-less' blood test of a drunk-driving suspéct is reasonable must be determined case by case based on the totality of circumstances.” Id. at *5. It further cited McNeely for the proposition that, “ ‘where police officers can reasonably obtain a warrant before a blood sample can be drawn without-significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so.’”, Id. at *10 (quoting McNeely, 133 S.Ct. at 1561). In addressing the State’s first specific argument that a driver has waived his right to a warrant through implied-consent laws, the court of appeals initially determined that the State had failed to preserve this argument for appeal, although it then essentially addressed the merits of that argument. The' court determined that, by stipulating that Villarreal’s blood had been drawn without his consent, the State had forfeited that argument and could not rely on the waiver exception to the warrant requirement. The court of appeals stated, “[T]o the extent that the State argues that there was valid ‘consent’ under the Fourth Amendment — whether by the mandatory blood draw law or the implied consent law — it is barred from doing so in this appeal by its stipulation before the trial court that in this cáse ‘[t]here was no consent, no warrant.’ ” Id. at *11. Although it found that the State had forfeited its argument regarding implied consent, the court appeared to address that argument indirectly, stating, “[T]here is a distinction between a consensual blood draw and an involuntary, mandatory blood draw. The implied consent law is premised on consent. In contrast, the mandatory blood draw law is premised on refusal to consent.” Id. at *9 (citations omitted) (discussing Tex. Transp. Code §§ 724.011(a), 724.012(b)). It further observed that, although the State appeared to argue that “Chapter 724 creates a legislative consent or essentially a statutory waiver of the Fourth Amendment,” that argument was inconsistent with the requirement that consent be given freely and voluntarily. Id. at *10 (citing Bumper v. North Carolina, 391 U.S. 543, 548, 88 S.Ct. 1788, 20 L.Ed.2d 797 (1968); Kolb v. State, 532 S.W.2d 87, 89 (Tex.Crim.App.1976)). The court of appeals indirectly rejected the State’s second specific argument that, in addition to consent and exigent circumstances, there are other recognized exceptions to the search-warrant requirement that could apply to this case. In describing the general law, the court observed that “special needs” is one of the recognized exceptions to the search-warrant requirement. Id. at *7. The court implicitly rejected the application of these other exceptions by observing that the “officer’s sole basis for not getting a warrant was that the repeat offender provision of the mandatory-blood-draw law required him to take a blood sample without [Villarreal’s] consent and without the necessity of obtaining a search warrant.” Id. at *11. The court of appeals also addressed , the State’s third- specific argument that the minimal intrusion of a blood draw must be balanced against the substantial public interest in protection against DWI drivers. It disagreed with the State’s claims that a driver arrested oh suspicion of DWI has a lessened expectation of privacy in his blood. The court of appeals quoted the language from McNeely explaining that “an invasion of bodily integrity implicates an individual’s most personal and deep-rooted expectations of privacy.” Id. at *4 (quoting McNeely, 133 S.Ct., at 1558). It also cited Schmerber v. California, 384 U.S. 757, 771, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), for the proposition that, although “the Constitution does not forbid the State’s minor intrusions into an individual’s body under stringently limited conditions,” that principle “in no way indicates that it permits more substantial intrusions, or intrusions under other conditions.” Id. at *5. Although it recognized that the drunk-driving problem is a national epidemic and that there is a strong governmental interest in curbing DWIs, the -court quoted McNeely ⅛ observation that “the general importance of the government’s interest in this area does not justify departing from the warrant requirement without showing exigent circumstances that make securing a warrant impracticable in a particular ease.” Id. at *4 (quoting McNeely, 133 S.Ct. at 1565). 2. Court of Appeals Held that Blood-Draw Statute Is Not Unconstitutional In addition to agreeing with the trial court’s conclusion that the warrantless search of Villarreal’s blood constituted a Fourth Amendment violation, the court of appeals considered the constitutionality of the mandatory-blood-draw statute itself, and it determined that the statute was not unconstitutional “as applied” to Villarreal. Id. at *8. In resolving this matter, the court observed that, although the Texas mandatory-blood-draw statute “required the officer to obtain a breath or blood sample, it did not require the' officer to do so without first obtaining a warrant. In fact, the statute does not address or purport to dispense with the Fourth Amendment’s warrant requirement for blood draws.” Id. at *11. In light of its determination that the statute itself does not dispense with the warrant requirement and its conclusion that the Fourth Amendment would require a warrant under these circumstances, the court upheld the trial court’s ruling suppressing the evidence. Id.' ■ We granted the State’s petition for discretionary review to address its contention that the court of appeals erred to hold that a warrantless blood draw conducted pursuant to the provisions in the Transportation Code violates the Fourth Amendment. II. Provisions In Transportation Code Do Not Form Constitutionally Valid Alternative to Warrant Requirement In its first ground for review, the State contends that the court of appeals erred by holding that the provisions in the Transportation Code do not form a valid alternative to the. Fourth Amendment warrant requirement. To explain why wé reject the State’s contention that the implied-consent and mandatory-blood-dr'aw provisions establish a constitutionally valid basis for conducting a nonconsensual search in the absence of á search warrant, we review (A) the applicable statutory law and (B) general Fourth Amendment principles, and ,we then (C) discuss each of the State’s particular arguments in turn. A. Transportation Code’s Implied-Consent and Mandatory-Blood-Draw Provisions Because the State rélies upon the provisions in the Transportation Gode as constituting a valid substitute for a wárrant, we begin oúr analysis with a review of those provisions. The Transportation Code contains a provision establishing implied consent for all drivers arrested on suspicion of DWI. See Tex. Transp. Code § 724,011. That provision states, If a, person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place ... the person is deemed to have consented, subject to this chapter, to submit to the taking of one or more specimens of the person’s breath or blood for analysis to determine the alcohol concentration or the presence in . the person’s body of a controlled substance, drug, dangerous drug, Or other substance. M§ 724.011(a). Although this provision appears to create a blanket rule of consent for all individuals arrested for DWI, its terms are further modified by Section 724.013, which establishes a right to refuse to provide a breath or blood sample in routine DWI cases. See id. § 724.013. That provision, entitled, “Prohibition on Taking Specimen if Person Refuses; Exception,” provides that, “a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer.” Id. But this right of refusal is not absolute. See id. (providing that right of refusal subject to exceptions “as provided by Section 724.012(h)”). Section 724.012(b), in turn,, establishes that, when certain aggravating factors are present during a DWI stop, a suspect may not refuse to submit to a specimen and, even if a suspect refuses, an officer is required to obtain a specimen. Id. § 724.012(b). That statute provides, (b) A peace officer shall require the taking of a specimen of the person’s breath or blood under any of the following circumstances if the officer arrests the person for an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle ... and the person refuses the officer’s request to submit to the taking of a specimen voluntarily: (1)the person was the operator of a motor vehicle ... involved in an accident that the officer reasonably believes occurred as a result of the offense and, at the time of the arrest, the officer, reasonably believes that as a direct result of the accident: (A) any individual has died or will die; (B) an individual other than the person has suffered serious bodily injury; or (C) an individual other than the person has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment; (2) the offense for which the officer arrests the person is an offense under .Section 49.045, Penal Code [DWI with child passenger]; or (3) at the time of the arrest, the officer possesses or receives reliable information from a credible source that the person: (A) has been previously convicted of or placed on community supervision for an offense under Section 49.045 [DWI with child passenger], 49.07 [intoxication assault], or 49.08 [intoxication manslaughter], Penal Code ...; or (B) on two or more occasions, has been previously convicted of or placed on community supervision for an offense under Section 49.04 [misdemeanor DWI], 49.05 [flying while intoxicated], 49.06 [boating while intoxicated], or 49.065 [assembling or operating an amusement ride while intoxicated], Penal Code[. Id. § 724.012(b). Reading these provisions in conjunction, we observe that they establish a statutory scheme by which an individual who is arrested for an “ordinary” DWI — that is, one that does not fall within any of the enumerated circumstances of Section 724.012(b) — has an absolute right to refuse to provide a specimen, notwithstanding the existence of implied consent. See id. §§ 724.011, 724,013; see also Fienen v. State, 390 S.W.3d 328, 332 (Tex.Crim.App.2012) (observing that, notwithstanding existence of implied-consent provision, in ordinary DWI situations, “a person retains an absolute right ... to refuse a test"). But, if one of the aggravating circumstances described in Section 724.012(b) is present, then, as the State observes, the statutory scheme appears to “extinguish” a suspect’s right to refuse to submit a specimen under those specified circumstances. See id. § 724.012(b). Stated differently, if one of the .aggravating circumstances is present, then, pursuant to the statute, even if a suspect refuses to comply, an officer has a mandatory duty to require that the suspect’s blood be drawn. Id. Because the dispute here centers on whether a warrantless, ndnconsensual search of a DWI suspect’s blood conducted pursuant to Section 724.012(b) complies with the Constitution, we turn to a -review of the relevant Fourth Amendment 'principles. B. Fourth Amendment Requirements In general, to comply with the Fourth Amendment, a search of a person pursuant to a criminal .investigation (1) requires, a search warrant or a recognized exception to the warrant requirement, and (2) must be reasonable under the totality of the circumstances. Furthermore, of particular relevance to DWI cases, the Supreme Court has recognized that the Fourth Amendment is implicated in that (3) the collection of a suspect’s blood invades a substantial privacy interest, and (4) the exigent circumstances exception to the search-warrant -requirement is not established merely by the natural dissipation of alcohol. We explain each of these requirements in more detail below. 1. A Search of a Person Pursuant to a Criminal Investigation Requires a Search Warrant or Recognized Exception to a Warrant The Fourth Amendment provides, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. Const. amend. IV. The touchstone of the Fourth Amendment is reasonableness. Riley v. California, — U.S. -, 134 S.Ct. 2473, 2482, 189 L.Ed.2d 430 (2014) (quoting Brigham City v. Stuart, 547 U.S. 398, 403, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006)). The Supreme Court has held that, “ ‘[wjhere a search' is undertaken by law enforcement officials to discover evidence of criminal wrongdoing, ... reasonableness generally requires the obtaining of a judicial warrant.’” Id. (quoting Vemonia School Dist. 47J v. Acton, 515 U.S. 646, 653, 115 S.Ct. 2386, 132 L.Ed.2d 564 (1995)); see also Arizona v. Gant, 556 U.S. 332, 338, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (describing “basic rule” as being that “ ‘searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment — subject only to a few specifically established and well-delineated exceptions’”) (citations omitted). The purpose underlying the search-warrant requirement in the context of a criminal investigation. is to “ensure[ ] that the inferences to support a search are ‘drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.’ ” Riley, 134 S.Ct. at 2482 (quoting Johnson v. United States, 333 U.S. 10, 14, 68 S.Ct. 367, 92 L.Ed. 436 (1948)). Specifically, with respect to searches of people undertaken for the purpose of furthering a criminal investigation, the Supreme Court has determined that, in the absence of a search warrant, a “search of the person is reasonable only if- it falls within a recognized exception” to the warrant requirement. McNeely, 133 S.Ct. at 1568; see also Riley, 134 S.Ct. at 2482 (“In the absence of a warrant, a search is reasonable only if it falls within a specific exception to the warrant requirement.”); Kentucky v. King, 563 U.S.-, 131 S.Ct. 1849, 1856, 179 L.Ed.2d 865 (2011) (a warrant “must generally be secured,” but that requirement is “subject to certain reasonable exceptions”). The recognized exceptions to the warrant requirement that the State suggests are implicated in the present case are the consent exception, see Schneckloth v. Bustamonte, 412 U.S. 218, 219, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); the automobile exception, see California v. Acevedo, 500 U.S. 565, 569, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991); the search-incident-to-arrest exception, see Gant, 556 U.S. at 339, 129 S.Ct. 1710; and the special-needs doctrine, see Griffin v. Wisconsin, 483 U.S. 868, 873, 107 S.Ct. 3164, 97 L.Ed.2d 709 (1987). 2. Reásonableness is Judged Under the Totality of Circumstances “Absent more precise guidance from the founding era, we generally determine whether to exempt a given type of search from the warrant requirement ‘by assessing, on the one hand, the degree to which it intrudes upon an individual’s privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests.’ ” Riley, 134 S.Ct. at 2484 (quoting Wyoming v. Houghton, 526 U.S. 295, 300, 119 S.Ct. 1297, 143 L.Ed.2d 408 (1999)). For the purpose of resolving such questions arising under the Fourth Amendment, we “examine the totality of the circumstances” to determine whether a particular search is reasonable. Samson v. California, 547 U.S. 843, 848, 126 S.Ct. 2193, 165 L.Ed.2d 250 (2006); Brigham City, 547 U.S. at 406, 126 S.Ct. 1943. Given this totality-of-the-circumstances approach, for the most part, “per se rules are inappropriate in the Fourth Amendment context.” United States v. Drayton, 536 U.S. 194, 201, 122 S.Ct. 2105, 153 L.Ed.2d 242 (2002) (citing Florida v. Bostick, 501 U.S. 429, 439, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991)). As we explain more fully below, in examining the totality of the circumstances applicable to particular cases, the Supreme Court has approved of warrantless searches that fit within a recognized exception to the search-warrant requirement, or in limited situations involving “special law enforcement needs, diminished expectations of privacy, minimal intrusions, or the like.” Illinois v. McArthur, 531 U.S. 326, 330, 121 S.Ct. 946, 148 L.Ed.2d 838 (2001). 3. Collection of Suspect’s Blood Invades a Substantial Privacy Interest— Schmerber v. California In Schmerber, the Supreme Court considered for the first time whether a law-enforcement officer may lawfully compel an individual suspected of driving while intoxicated to submit to blood testing. 384 U.S. at 767-69, 86 S.Ct. 1826. The Court held that such an intrusion “plainly involves the broadly conceived reach of a search and seizure under the Fourth Amendment.” Id. at 767, 86 S.Ct. 1826. In describing the privacy interest at stake, the Court took note of “the interest in human dignity and privacy which the Fourth Amendment protects.” Id. at 770, 86 S.Ct. 1826. It further observed that, in light of the fact that search warrants are “ordinarily required for searches of dwellings ... absent an emergency, no less could be required where intrusions into the human body are concerned.” Id. The Court stated that the need to secure a warrant from a “neutral and detached magistrate” before permitting a law-enforcement officer to “invade another’s body in search of evidence of guilt is indisputable and great.” Id. The Court in Schmerber nevertheless upheld the warrantless, compelled search of Schmerber’s blood as constitutionally permissible on the basis of exigent circumstances. Id. at 770-72, 86 S.Ct. 1826. Schmerber had been in a car accident, and was taken to the hospital. The Court explained that, in light of those factors, the pfficer “might reasonably have believed that he was confronted'with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened the destruction of evidence.” Id. at 770, 86 S.Ct. 1826. It further explained that evidence of Schmerber’s crime could have been lost if the officer had been required to seek a warrant to draw Schmerber’s blood because “the percentage of alcohol in the blood begins to, diminish shortly after drinking stops, as the body functions to eliminate it from the system.” Id. It added that “[particularly in a case such as this, where time had to be taken to bring the accused to a hospital and to investigate the scene of the accident, there was no time to seek out a magistrate and secure a warrant.” Id. at 771, 86 S.Ct. 1826. The Court further noted that the blood test “involve[d] virtually no risk, trauma, or pain,” and was conducted in a reasonable fashion “by a physician in a hospital' environment according' to accepted medical practices.” Id. at 771-72, 86 S.Ct. 1826. Thus, after acknowledging the''substantial nature of the privacy interest at stake, the Court nevertheless upheld the warrantless search of Schmerber’s blood on the basis of the exigent-circumstances exception to the warrant requirement. Id. 4. -Exigent Circumstances Not Established By Mere Natural Dissipation of Alcohol — Missouri v. McNeely In McNeely, the Supreme Court addressed the question whether the natural metabolization of alcohol in the bloodstream presented a per se exigency that, .taken on its own, would suffice to justify an exception to the warrant requirement for nonconsensual blood testing in all drunk-driving cases. 133 S.Ct. at 1556. McNeely involved an individual who was arrested for DWI and whose blood was drawn over his objection and without a search warrant. Concluding that the natural dissipation of alcohol does not constitute a per se exigency, the Court held that, “consistent with general Fourth Amendment principles, [ ] exigency in this context must be determined case by case based on the totality of the circumstances.” Id. at 1557; see also id. at 1561 (acknowledging that “a significant delay in testing will negatively affect the probative value of the [blood-test] results,” but rejecting that fact as basis for departing from the “careful case-by-case assessment of exigency”). Although McNeely dealt primarily with exigent circumstances, an exception to the warrant requirement not at issue in the present case, the opinion nevertheless contains general principles of Fourth Amendment law that apply specifically to the matter of nonconsensual blood draws in the context of a DWI investigation. Of great importance to our resolution of this appeal is the Court’s broad recognition that such .a warrantless search of a person for the purpose of gathering evidence in a criminal investigation can be justified “only if it falls within a recognized exception” to the warrant requirement, and that “that principle applies to” compulsory blood-specimen collection during a DWI investigation. Id. at 1558. The Court further reaffirmed the principle, first established in Schmerber, that a “compelled intrusion beneath [the] skin and into [the] veins to obtain a sample of [ ] blood for use in a criminal investigation” constitutes “an invasion of bodily integrity” that implicates “an individual’s most personal and deep-rooted expectations of privacy.” Id. at 1558 (quoting Winston v. Lee, 470 U.S. 753, 760, 105 S.Ct. 1611, 84 L.Ed.2d 662 (1985)). Having reviewed the relevant statutory law and Fourth Amendment principles, we now turn to a review of the State’s arguments as to why it maintains that the statutory provisions in the Transportation Code rendered the Fourth Amendment warrant requirement inapplicable to this case. C. Warrantless, Nonconsensual Blood Draw Does Not Fall Within Any of State’s Proffered Exceptions to Warrant Requirement The State suggests that a search conducted pursuant to the mandatory-blood-draw provisions — specifically, in this case, the provision applicable to repeat DWI, offenders — should be upheld as categorically reasonable under (1) the consent exception, applicable in the form of a prior waiver through implied consent, (2) the automobile exception, (3) the special-needs exception, (4) the search-incident-to-arrest exception, or, alternatively, (5) by treating a blood draw as a seizure instead of a search; We consider each of these contentions in turn and, finding them to be without merit, we hold that none of these established exceptions to the warrant requirement categorically applies to except the warrantless, nonconsensual testing of a suspect’s blood pursuant to the provisions in the Transportation Code. We also note briefly here that, because the facts are undisputed and the questions before us are matters of law, we apply a de novo. standard of review. See Matthews v. State, 431 S.W.3d 596, 607 (Tex.Crim.App.2014); Arguelles v. State, 409 S.W.3d 657, 663 (Tex.Crim.App.2013). (1) Consent in the Form of a Prior Waiver Before addressing the merits of the State’s argument regarding implied consent, we first briefly explain why we agree with the State’s contention that the court of appeals erred by determining that it forfeited its right to rely on implied consent as 'a valid basis for upholding the search in this case. We then explain why we disagree with the State as to the merits of its arguments that this .search may be upheld under the consent exception to the warrant requirement on the basis of a defendant’s irrevocable "prior waiver” of his Fourth Amendment rights. a. The State Did Not Forfeit Its Right to Rely on Consent in the Form of Waiver In its second ground in its petition for discretionary review, the State challenges the court of appeals’s determination that the State’s stipulation that there was “no consent” to the blood draw amounted to a waiver of its “implied consent” or “deemed" consent” argument based on the provisions in the Transportation Code. See Villarreal 476 S.W.3d at 58-60, 2014 WL 1257150, at *11. At the hearing on the motion to suppress, the parties stipulated that Villarreal’s “blood was drawn without his consent and without a warrant.” It is clear from Villarreal’s motion to suppress and the evidence and arguments presented at the hearing that the parties’ intent was to stipulate that Villarreal’s blood was drawn in spite of his refusal to provide a specimen and in the absence of a warrant. The parties, thus stipulated to the factual matter of Villarreal’s refusal, but such a stipulation does not foreclose the State from raising a particular legal argument on appeal. Furthermore, at all times, the record indicates that the parties understood the dispute in this case, to be narrowly based on -the legal question of whether the -State could properly rely on the provisions in the Transportation Code, including the implied-consent statute, as an alternative to a search warrant.. We, therefore, agree with the State’s assertion that the court of appeals incorrectly determined that the State forfeited its implied-consent argument on appeal. We, however, need not remand the case to the court of appeals for further consideration of this argument because, despite initially stating that the State had forfeited this argument on appeal, the court of appeals then went on to discuss and disapprove of the State’s contention that implied consent could form a valid basis for upholding the search in this case. Because the court of appeals reviewed and rejected the State’s argument that implied consent could serve as a valid basis for upholding the warrantless search in this case, we may properly review the court’s resolution of that legal question. See Tex.R.App. P. 66.3 (providing for this Court’s review of decisions of courts of appeals). b. Implied Consent that Has Been Withdrawn Is Not Voluntary Consent Although it. recognizes that a waiver of Fourth Amendment rights through consent to search must ordinarily be carefully scrutinized for its free and voluntary character, the State asserts that those principles are inapplicable to the present situation., Instead, it asserts that a “parallel exception” appliés when a defendant has previously waived his Fourth Amendr ment rights in exchange for receiving some benefit or privilege from the State. Suggesting that this prior-waiver principle applies to the present circumstances, it asserts that an individual suspected of DWI “accept[s] a license to drivé and such acceptance may carry with it an obligation to' allow statutorily authorized inspections of that activity that would otherwise require a warrant.” On this basis, the .State urges this Court to hold that, in light of the existence of the, implied-consent and mandatory-blood-draw provisions, a driver “impliedly agrees ahead of time, that, in exchange for the privilege of driving on our roads, he is willing to waive the -right to a warrant in these limited circumstances. The-deal is sealed when he gets behind the wheel, and it can’t later be revoked when he gets caught driving in an impaired condition.” Although we acknowledge that Fourth Amendment rights “may be waived,” Zap v. United States, 328 U.S. 624, 628, 66 S.Ct. 1277, 90 L.Ed. 1477 (1946), we find that principle to be inapplicable here. As the State acknowledges, to constitute a valid waiver of Fourth Amendment rights through consent, a suspect’s consent to search must be freely and voluntarily given. Schneckloth, 412 U.S. at 227, 93 S.Ct. 2041 (observing that consent must be voluntarily given in that it was not “coerced by threats or force, or granted only in submission to a claim of lawful authority”); see also Bumper, 391 U.S. at 648, 88 S.Ct. 1788 (observing that consent must be “freely and voluntarily given”). An additional necessary element of valid consent is the ability to limit or revoke it. See Florida v. Jimeno, 500 U.S. 248, 252, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991) (suspect may “delimit as. he ch.ooses the scope of the search to which he consents”); Miller v. State, 393 S.W.3d 255, 266 (Tex.Crim.App.2012) (stating that it is “undisputed” that consent “may be limited or revoked”). The matter of whether consent is voluntary is a “question of fact to be determinéd from the totality of all the circumstances.” Schneckloth, 412 U.S. at 227, 93 S.Ct. 2041. It would be wholly inconsistent with these principles to uphold the warrantless search of a suspect’s blood on the basis of consent when a suspect has,as in the present case, expressly and unequivocally refused to submit to the search. That explicit-refusal to submit to blood testing overrides the existence of any implied consent, and, unless some other justification for the search applies, there remains no valid basis for conducting a warrantless search under those circumstances. See Bumper, 391 U.S. at 548-49, 88 S.Ct. 1788 (explaining that a showing of “no more than acquiescence to a claim of lawful authority” cannot constitute valid consent). To the extent the State suggests that the implied-consent and mandatory-blood-draw provisions in the Transportation Code categorically extinguish a DWI suspect’s right to withdraw consent when some aggravating circumstance is present, that suggestion cannot be squared with the requirement that, to be valid for' Fourth Amendment purposes, consent must be freely and voluntarily given based on the totality of the circumstances, and must not have been revoked or withdrawn at the time of the search. Compare Tex. Transp. Code §§ 724.011, 724.012(b), with Schneckloth, 412 U.S. at 227, 93 S.Ct. 2041, and Jimeno, 500 U.S. at 252, 111 S.Ct. 1801. In other words, implied consent that has been withdrawn or revoked by a suspect cannot serve as a substitute for the free and voluntary consent that the Fourth Amendment requires. c. Prior Waiver of Fourth Amendment Rights in Other Contexts Inapplicable to Criminal Suspects Recognizing this apparent inconsistency between Texas’s implied-consent law and the requirements for establishing voluntary consent under the Fourth Amendment, the State forgoes urging us to directly hold that implied consent that has been- revoked by a suspect can nevertheless supply the type' of “bare consent” needed to overcome the warrant requirement. Instead, it urges us to hold that a driver who accepts the privilege of driving on Texas roadways has, by virtue of his enjoyment of that privilege, lost the right to later revoke the implied consent supplied by the Transportation Code or to complain about the absence of a warrant. Although the State suggests that the Supreme Court has “long recognized” that a prior waiver can serve as a “parallel exception” to the consent exception when the suspect has received some benefit or privilege in exchange for his waiver of constitutional rights, we are aware of no Supreme Court cases approving of this doctrine’s applicability in a context similar to the one with which we are confronted today, which is a bodily search of an individual suspected of criminal wrongdoing. Furthermore, we find that the cases relied upon by the State to establish this “parallel exception” are distinguishable because they are limited to (i) the federal-regulatory context, (ii) the context of parolees and probationers, or (iii) the non-criminal context, none of which are implicated here. i. Exceptions Applicable to Federal-Regulatory Context Aré Not Analogous In asserting that such a parallel exception to the consent exception should be applied here, the State'relies primarily on Zap, 328 U.S. at 627, 66 S.Ct. 1277. But that case is distinguishable on its facts. Zap involved the warrantless search of the accounting records of a United States Navy contractor who had expressly agreed by the terms of his contract to permit such inspections, which were authorized by federal regulation. Id. The Supreme Court upheld the warrantless search as permissible under the Fourth Amendment, observing that Zap, “in order to obtain the government’s business, specifically agreed to permit inspection” of his records, thereby waiving any claim to privacy in those- records which he otherwise might have had. Id. at 628, 66 S.Ct. 1277. Thus, the Court’s holding in Zap was primarily focused on the existence of a “contractual agreement for inspection” of business records and on the fact that Zap had knowingly waived his rights pursuant to a “business undertaking for the government.” Id. at 629-30, 66 S.Ct. 1277. Zap is thus properly understood as indicating that, where an individual makes an express contractual waiver of his privacy rights in exchange for the opportunity to do business with the federal government, such a waiver may constitute valid prior consent to search a business premises within the meaning of the Fourth Amendment. See id. It does not, as the State suggests, more generally stand for the proposition that the government may exact from' a citizen a generalized and irrevocable waiver of Fourth Amendment rights in exchange for the enjoyment of everyday privileges, such as driving on the State’s roadways. Nor does it suggest that such a waiver would be valid if the waiving party were actually unaware that he was giving up his rights in exchange for some privilege. Furthermore, we note that the search in Zap was a search of “accounts and records” and was not a bodily search, which necessarily implicates a greater and more personal privacy interest than the interest one has in his business dealings. See id. at 628, 66 S.Ct. 1277. Similarly, although the State contends that the Supreme Court’s opinion in United States v. Biswell establishes that “acceptance of a license to engage in a pervasively regulated activity may carry with it an obligation to allow statutorily authorized inspection of that activity that would otherwise require a warrant,” we do not read Biswell so broadly. See 406 U.S. 311, 311-12, 92 S.Ct. 1593, 32 L.Ed.2d 87 (1972). In that case, the Court upheld the warrantless search of the business premises of a federally licensed firearms dealer pursuant to a federal statute authorizing süch searches. Id. at 317, 92 S.Ct. 1593. But the Court in that case emphasized that its analysis was rooted in “the context of a regulatory inspection system of business premises that is carefully limited in time, place, and "scope.” Id. at 315, 92 S.Ct. 1593. Because Biswell chose “to engage in this pervasively regulated business and to accept a federal' license, he [did] so with the knowledge that his business records, firearms, and ammunition will be subject to effective inspection.” Id. at 317, 92 S.Ct. 1593. The- Court further noted that Biswell had received a compilation of all the statutes governing his obligations and defining the inspector’s authority to search, thus putting him'bn actual notice of his obligations. Id. The Court’s upholding of the warrantless search in Biswell is properly understood as creating a limited exception to the warrant requirement that applies to searches of business premises in historically “pervasively regulated industries,” for which the “threat to privacy [is] not of impressive .dimensions[.]” Id. at 316, 92 S.Ct. 1593; see also New York v. Burger, 482 U.S. 691, 699, 107 S.Ct. 2636, 96 L.Ed.2d 601 (1987) (explaining that the “expectation of privacy in commercial premises” is significantly less than the “expectation in an individual’s home”). We, therefore, disagree with the State’s suggestion that the meaning of Biswell can be expanded to apply to a bodily search of a driver, simply by virtue of his acceptance of a driver’s license and mere constructive knowledge, at most, of -the terms of the mandatory-blood-draw statutes. . The State’s general assertion that engaging in any regulated activity subject to licensing and inspection requirements,, even noncommercial ones, subjects participants to an irrevocable implied waiver of Fourth Amendment rights to privacy in their bodies while participating in, that activity, is thus without support. ii. Exceptions Applicable to Parolees and Probationers Are Not Analogous The State cites two cases,that it suggests establish that “[gjovernmental and quasi-governmental bodies often condition the granting of a privilege upon the waiver of certain constitutional rights.” See United States v. Knights, 534 U.S. 112, 116, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001); Samson, 547 U.S. at 852, 126 S.Ct. 2193. Knights and Samson both dealt with war-rantless searches of individuals who were on parole or probation. Knights, 534 U.S. at 114, 122 S.Ct. 587; Samson, 547 U.S. at 846, 126 S.Ct. 2193. The defendants in both of those cases had been required by the conditions of their release to expressly waive in writing their Fourth Amendment rights in exchange for avoiding prison time. See Knights, 534 U.S. at 116, 122 S.Ct. 587; Samson, 547 U.S. at 852, 126 S.Ct. 2193. These eases, however, do not stand for the proposition that the government may condition the granting of a privilege upon the waiver of a constitutional right, but instead arfe instructive in applying a general Fourth Amendment balancing test that applies iñ limited contexts, as we discuss later in this opinion. The Supreme Court expressly stated in Knights and Samson that it was not resting its holding in those cases on a consent rationale, but rather was applying a general Fourth Amendment balancing test. See Knights, 534 U.S. at 118, 122 S.Ct. 587 (stating that rationale for upholding search was not based solely on prior waiver of rights, but was rather rooted in the basis that the search was “reasonable under our general Fourth Amendment approach of ‘examining the totality 'of the circumstances,’ ” including Knights’s “significantly diminished” expectation of privacy) (quoting Ohio v. Robinette, 519 U.S. 33, 39, 117 S.Ct. 417, 136 L.Ed.2d 347 (1996)); Samson, 547 U.S. at 853 n. 3, 126 S.Ct. 2193 (stating that holding was based on. “general Fourth Amendment” totality-of-the-circumstances analysis, thereby avoiding the question “whether acceptance of the search condition constituted consent in the Schnechloth sense of a complete waiver of Fourth Amendment Rights”; “we decline to rest our holding today on the consent rationale”). Although the State contends otherwise, Samson and Knights cannot stand for the proposition that the Supreme Court has broadly recognized that acceptance of a condition or privilege from the government generally constitutes a valid basis for finding an advance irrevocable waiver of Fourth Amendment rights. Furthermore, even if the consent exception had been the basis for the holdings in Samson and Knights, we observe that the individuals in those cases had waived their Fourth Amendment rights expressly and knowingly. See Knights, 534 U.S. at 114, 122 S.Ct. 587 (observing that the defendant in that case had expressly agreed in writing that he would “[s]ubmit his ... person, 'property, place of residence, vehicle, personal effects, to search at any time, with or without a search warrant”); Samson, 547 U.S. at 846, 852, 126 S.Ct. 2193 (observing that California parolees must “agree in writing to be subject to search or seizure ... at any time of the day or night, with or without a search warrant”). The situation in those cases is further distinguishable from the situation presently before this Court, which involves an implied waiver of Fourth Amendment rights pursuant to. .a statutory scheme that does, not expressly address the warrant requirement- See Tex. Transp. Code §§ 724.011(a), 724.012(b), 724.013. iii. Exceptions Applicable to Drug Testing of Public-School Students Are Not Analogous The State, also refers to Board .of Education v. Earls to support its suggestion that the government may condition the granting of a privilege upon the waiver of certain constitutional rights, Bd. of Educ. v. Earls, 536, U.S. 822, 825, 122 S.Ct. 2559, 153 L.Ed.2d 735 (2002). For similar reasons as .those explained above, we find inapplicable the' holding of Earls, which upheld warrantless drug testing of public-school students engaged in extracurricular activities under the special-needs exception to the warrant requirement. See id. In Earls, the Court expressly limited the reasoning of that case to the context of “administrative searches” undertaken for purposes “not in any way related to the conduct of criminal investigations.” See id. at 828, 122 S.Ct. 2559 (observing that, although “[i]n the criminal context, reasonableness usually requires a showing of probable cause[,]” the probable-cause standard is “peculiarly related to criminal investigations and may be unsuited to determining the reasonableness of administrative searches” where the government seeks to prevent the development of hazardous conditions). It further based its holding in that case on the existence of schools’ “custodial and tutelary responsibility for children,” the minimally Invasive nature of urinalysis, and students’ limited privacy interest in a public-school environment. Id. at 830, 122 S.Ct. 2559. Because the situation in the present case is not an administrative search but instead implicates the investigation of criminal conduct, the. holding and reasoning in Earls are clearly inapplicable. d. Other Courts Have Rejected The Proposition that a DWI Suspect Waives His Fourth Amendment Rights Through Implied Consent In addition to finding that the cases cited by the State fail to establish the broad proposition upon which it seeks to rely, we further note that courts in several other jurisdictions have recently considered challenges to statutes that aim to establish irrevocable implied consent and have concluded that those statutes, when used to draw a suspect’s blood without a warrant and over his objection, do not establish valid legal consent within the bounds of the Fourth Amendment. See, e.g. State v. Wulff, 157 Idaho 416, 337 P.3d 575 (2014) (holding that Idaho statute establishing' irrevocable implied consent for all drivers suspected of DWI “does not fall under the .consent exception to the Fourth Amendment of the United States Constitution”); Byars v. State, — Nev.-, 336 P.3d 939, 951 (2014) (slip.op.) (rejecting State’s argument that search was reasonable based on irrevocable consent provided by implied-consent statute); State v. Wells, No. 172013-01145-CCA, 2014 WL 4977356, at *13 (Tenn.Crim.App. Oct. 6, 2014) (slip.op.) (holding that “the privilege of driving does not alone create consent for a forcible blood draw”; such a search is “not reasonable unless performed pursuant to a warrant or to an exception to the warrant requirement”; “[t]he implied consent law does not, in itself, create such an exception”); State v. Fierro, 853 N.W.2d 235, 237 (S.D.2014) (implied-consent statute did.not constitute stand-alone exception to warrant requirement); State v. Butler, 232 Ariz. 84,302 P.3d 609, 613 (2013) (holding that, independent of implied-consent statute, Fourth Amendment requires an arrestee’s consent to be voluntary to justify a warrantless blood draw). Furthermore, we observe that almost all of the Texas courts of appeals that have considered such challenges to Texas’s statutory scheme have reached that same conclusion. •In Byars, the Nevada Supreme Court rejected the State’s argument “that consent is valid based solely on [the defendant’s] decision to drive on Nevada’s roads,” describing that argument as “problematic because the statute makes the consent irrevocable.” 336 P.3d at 945. And in Wulff, the Idaho Supreme Court held that, after McNeely, that state’s implied-consent statute was not an “acceptable” basis for conducting warrantless blood draws under the consent exception because the statute “operaté[d] as a per se exception to the warrant requirement,” for which the Supreme Court had “repeatedly expressed disapproval” in McNeely. See Wulff, 337 P.3d at 580. The Wulff court observed that whether consent is valid is a determination to be made based on the totality of the circumstances and,- as such, “[a] holding that the consent implied by statute is irrevocable would be utterly inconsistent with the language in McNeely denouncing categorical rules that allow warrantless forced blood draws.” Id, at 579, 581. We agree with these courts’ assessments that, in the context of-a non-consensual, warrantless bodily searc