Gayle Lee Jones V. State Texas (05/02/90‪)‬

In Miffleton v. State, 777 S.W.2d 76 (Tex.Cr.App. 1989), we made it clear that compelling a DWI suspect to perform sobriety tests on videotape did not call for testimonial responses and therefore offended neither the United States nor the Texas Constitutions. This holding applied only to the visual part of the recording; we failed to reach the admissibility of defendants statements on the accompanying soundtrack which were made after defendant invoked his Miranda right to counsel. In this case, we hold the police questioning incident to the videotaped sobriety test was "activity normally attendant to arrest and custody" of a DWI suspect, not "interrogation." Since there was an absence of police questioning calling for testimonial responses, the appellants admissions on the audio portion of the DWI videotape were admissible even after a proper invocation of her Miranda rights.