(Docket Entry No. 28-9 at 1-2). Because probable cause does not impose "a high bar," Kaley v. United States, 134 S. Ct. 1090, 1103 (2014), these facts, viewed together, amply provided the magistrate judge a basis to find a "fair probability" that a blood test would provide evidence that Forbes was driving while intoxicated, Gates, 462 U.S. at 238; see Thom v. State, 437 S.W.3d 556, 562 (Tex. App.—Houston [14th Dist.] 2014, no pet.) ("Erratic driving as well as post-driving behavior, including slurring of speech, inability to perform field-sobriety tests, bloodshot eyes and admissions by the suspect concerning what, when, and how much he had been drinking, all constitute evidence that would raise an inference that appellant was intoxicated at the time of driving."). Even without the statement that Forbes refused to take a field sobriety test, the warrant-application affidavit contained enough information for the magistrate judge to find probable cause.
We conclude that these facts sufficed to support a finding of probable cause that evidence of intoxication would be found in a search of appellant's blood. See Hyland, 574 S.W.3d at 916; Thom v. State, 437 S.W.3d 556, 562 (Tex. App.—Houston [14th Dist.] 2014, no pet.); Foley v. State, 327 S.W.3d 907, 912 (Tex. App.—Corpus Christi 2010, pet. ref'd) (affidavit stating that defendant smelled strongly of alcohol, had red and glassy eyes, slurred speech, poor balance, and refused to provide breath or blood sample contained sufficient facts to support probable cause for requiring blood sample).
Where the search warrant sought is for blood evidence to prove intoxication, the magistrate typically must determine probable cause exists that a blood test would provide evidence showing appellant was intoxicated. Islas v. State, 562 S.W.3d 191, 196 (Tex. App.—Houston [14th Dist.] 2018, no pet.); Thom v. State, 437 S.W.3d 556, 561 (Tex. App.—Houston [14th Dist.] 2014, no pet.). Whether the facts stated in the affidavit establish probable cause depends on the totality of the circumstances.
A blood specimen is an item that may be searched for and seized under article 18.02(10). Clay v. State, 391 S.W.3d 94, 97 n.7 (Tex. Crim. App. 2013); Thom v. State, 437 S.W.3d 556, 560 (Tex. App.—Houston [14th Dist.] 2014, no pet.). Only a judge of a municipal court of record who is an attorney licensed in this state, a county court judge who is a licensed Texas attorney, a statutory county court judge, a district court judge, a judge of the Texas Court of Criminal Appeals, a justice of the Supreme Court of Texas, or a magistrate with criminal jurisdiction serving a district court may sign an evidentiary warrant.