At the Norfolk law firm of Montagna & Montagna, P.C., we believe that if our client's refuse any field sobriety tests that the prosecution will have less damaging evidence to offer at trial. The general field tests that arresting officers use to determine if one is under the influence of alcohol are the following:
1. HGN
2. Walk and Turn
3. One Leg Stand
The performance results of the field tests by the defendant will be offered in testimony by the arresting officer. Additionally, an individual can be convicted of DUI even if his or her B.A.C. is less than .o8. Thus, if one does poorly on the field tests, he or she can expect the evidence to weigh heavily against them.
Generally, the officer will testify that a person has a strong odor of alcohol from their person, blood shot eyes, pale or flushed face, swaying when walking or standing, and slurred speech. However, if the implied consent law applies, one must generally submit to the breath test or blood test requested by the arresting officer. If the implied consent law is applicable and one unreasonably refuses to submit to the test offered by the officer, one can expect to face either a civil or criminal refusal charge.
At any rate, an individual charged with DUI would be well served calling the firm of Montagna & Montagna, P.C. at 757-625-3500. Furthermore, individuals are welcome to view the web site, montagnalaw.com, for additional information.
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