State v. Sykes

HUSKINS, Justice.

Defendant assigns as error the trial court’s action in admitting over objection the following testimony of Officer Wood:

“I asked Mr. Sykes if he had been drinking and he said yes. I asked him to walk for me. As he was walking there on the driveway he was staggering. ... I gave the balance test and at the time I gave him this test he fell forward noticeably. I advised Mr. Sykes he was under arrest for driving under the influence. ...”

Defendant contends his incriminating statement was elicited by custodial interrogation before he had been advised of his constitutional rights as…