Does anyone have a case reference for a recent court decision wherein a DPS trooper arrested a motorist for intoxication manslaughter after conducting SFST's for DWI and the case was lost due to defense's argument that Miranda applied since custody was established and the SFST's were actually testimonial evidence? I am interested in the case (if it really exists).

Anybody? Anyone? Thoughts? Similar recent cases?

Thanks.

I have never heard of such a case. It was established in Gassaway v. State, 957 SW2d 48 (Tex. Crim. App. 1997) that field sobriety tests are not testimonial.

Thanks for the response. A fellow deputy caught something on the local news (KENS 5--San Antonio) reporting about what I was seeking in the original post above. If there was such a case, I was seeking clarification in regard to what was posed to me. Best.