TX DWIs: RS for cont’d detention to get certified officer there; no justification shown for failure to get a SW for draw

There was reasonable suspicion of DWI for defendant’s detention for an additional 21 minutes to get an officer there certified to conduct an HGN test. The delay for was legitimate law enforcement and investigative purposes. Cagle v. State, 2016 Tex. App. LEXIS 13752 (Tex. App. – Texarkana Dec. 29, 2016).

“[T]he record does not contain any explanation for the failure to obtain a warrant or that any anticipated delay would have jeopardized the ability to obtain evidence of intoxication. See Cole, 490 S.W.3d at 926-27 (discussing availability of retrograde analysis and citing McNeely, 133 S. Ct. at 1568). We therefore hold that the State failed to bear its burden to show that securing a warrant before obtaining the blood draw from Colura would have been too difficult, time-consuming, or labor-intensive under the circumstances.” Colura v. State, 2016 Tex. App. LEXIS 13804 (Tex. App. – Houston (1st Dist.) Dec. 29, 2016).