Massa v. State
A07A1019 (criminal case)
September 11, 2007
Johnson, Presiding Judge.
07 FCDR 2871 (09/28/07)

In this DeKalb DUI arrest, the Defendant was parked off the side of the road and refused both field test and breath test. The Georgia Court of Appeals held that a defendant’s refusal to submit to field sobriety tests is admissible as circumstantial evidence of intoxication and together with other evidence would support an inference that he was impaired drive.  How are field tests voluntary if they can use them against you?  The answer of course is that they are not.  What is an innocent person supposed to do?  Never take the HGN.  If you are capable of performing field evaluation like standing on one leg and/or walking a line, it might be worth trying.  Juries typically will not convict a person that can stand on one leg for thirty seconds.  Field Evaluations are divided attention tests and measure your ability to follow instructions and perform physical dexterity exercises. 

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