Are There Advantages To Doing Field Sobriety Tests In Norfolk, VA After A DUI Stop?

Anthony Montagna, III

Your “Go To DUI Defense Lawyer”
Military, Student, Union, First Responder, Teacher, and Retired Discounts
32+ Years Of Experience Defending DUI/DWI Cases
Defending Individuals Charged With DUI/DWI In Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News And All Of Virginia
Winning DUI/DWI Cases Since 1993
Over 250 Five Star Google, Findlaw, and Avvo Reviews
Quoted And Interviewed By The Virginian Pilot
A DUI Defense Specialist
757-625-3500
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Anthony Montagna, III’s DUI/DWI Defense Law Team

Dedicated, Skilled, and Tough
100+ Years of Combined Legal Experience at Montagna Law
A Client First Team
Call Us When Results Matter
When You Are Down and Looking for a DUI Lawyer, We Lift You Up
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Some of Our DUI/DWI Results

Although every case is different and the results of one case do not guarantee results in a different case, some of Anthony Montagna, III’s favorable DUI/DWI results are the following:

DUI and Reckless Driving with a B. A. C. of .09 from a blood serum draw at the hospital after a very serious automobile accident with significant personal injuries and property damage: Guilty of only Reckless Driving with NO ACTIVE INCARCERATION
Client charged with DUI-First Offense and DUI-Second Offense on same day and in front of same Judge: BOTH CHARGES DISMISSED – Attorney Montagna made specific arguments to suppress the certificate of analysis in the first case and show that the police officer did not have a reasonable basis to stop the client’s vehicle in the second case.
DUI with a B. A. C. of .24: DISMISSED – Attorney Montagna made a motion to strike with an unusual technical defense.
DUI AND REFUSAL: REFUSAL Nolle Prosequi (Dismissed without Prejudice) and DUI reduced to Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
DUI-2ND OFFENSE AND REFUSAL: Both charges Nolle Prosequi (Dismissed without Prejudice) – Attorney Montagna showed the prosecutor the problems with the case.
DUI: GUILTY OF RECKLESS DRIVING – Attorney Montagna showed the prosecutor the problems with the case.
DUI-Drugs: GUILTY OF RECKLESS DRIVING – Attorney Montagna showed the prosecutor the problems with the case.
Client charged with DUI, Second offense: Guilty of Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
DUI: Guilty of Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
Client charged with DUI: Guilty of Wet Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
Client charged with DUI, Refusal, and Revoked Operator’s License: DISMISSED – After a lengthy trial, Attorney Montagna argued that the police officer did not have a reasonable basis to stop the client’s vehicle.
DUI and Refusal: DISMISSED – Attorney Montagna convinced the court that there was not enough evidence beyond a reasonable doubt to convict the client.
Client charged with DUI and Refusal: Client plead to Reckless Driving and refusal charge taken under advisement for one year and to be dismissed if in compliance – Attorney Montagna showed the prosecutor the problems with the case.
Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED – After a lengthy trial, Attorney Montagna argued that there was not enough evidence beyond a reasonable doubt to convict the client.
DUI-Second Offense: Client guilty of DUI-First Offense, no active jail time – Attorney Montagna showed the prosecutor the problems with the case.
Client charged with DUI-First Offense. Client had BAC of .18, which would normally require a mandatory minimum of 5 days in Jail. All jail time suspended. Attorney Montagna showed the prosecutor the problems with the case.

My Commitment to Clients Seeking a Norfolk DUI Lawyer

“Practicing law since 1993, I know each DUI case is different, and I provide personalized attention for each DUI client,” says Anthony. “I am committed to providing my DUI clients with zealous and skillful representation. I know that my client’s DUI case is a serious concern, and I treat every DUI client like I would want my family treated by my colleagues. I am here to guide you through the complexities of your DUI case and to provide you simple, straightforward answers to your questions.”

Are There Advantages To Doing Field Sobriety Tests in Norfolk, VA After A DUI Stop?

In Virginia, there are only three standard field sobriety tests. The three standard field sobriety tests are the Horizontal Gaze Nystagmus, One-Leg stand, and the Walk-and-Turn. However, police officers, deputies, and troopers may offer non standardized field tests following a stop for driving under the influence (DUI).

The investigating officers, troopers, and deputies may ask the indivudual stopped for a DUI investigation to perform an alphabet test, counting backwards test, touch your fingers to thumb test, and/or a touch your nose test. However, as non standardized tests, the National Highway Safety Administration has not determined their relaibilty and clues for intoxication.

Many people are nervous after a stop for a DUI investigation. Because of the nervousness, individuals may exhibit clues of intoxication erroneously. Additionally, individuals with physical or mental defects may also exhibit clues of intoxication. erroneously.

While individuals suspected of DUI in Virginia are generally required to give a breath/blood sample, the impled consent law in Virginia does not require individuals to perform field tests. Individuals can review § 18.2-268.2 of the Virginia Code for more information about the implied consent law in Virginia. Thus, performance of field tests can potentially hurt your defense to a DUI and rarely provide you with an advantage.

The above information should not be considered legal advice. If individuals have questions about field sobriety tests and a DUI in Virginia, the individual should contact a licensed Virginia Attorney.

Testimonials

“I have nothing but great things to say about Mr. Montagna. I was in a bad situation with a reckless driving ticket and was going to lose my jobs if convicted. Mr. Montagna went above and beyond to defend me during my hearing. Without a doubt his knowledge, expertise, and approach to my case in the courtroom that day is the only reason I still have my two jobs. For that I cannot thank him enough. He is the best at what he does and I highly recommend him to everyone that needs legal help. He not only carries himself with the highest regard to professionalism but also truly cares for his clients.” – AC.
“Mr. Montagna is hands down the best at what he does, having been charged with a class 1 misdemeanor he was able to get the best possible outcome from it as well as reducing a speeding ticket down to an improper equipment charge the next day. That same day I had the chance to see from a 3rd person perspective what he is able to do in a different situation for another person and after it concluded it was safe to say that going with him WILL be ending with the best result in accordance with your own end of the bargain held up (driving certificates, community service, etc). Overall a very professional, intelligent, reputable attorney.” – NT.

By Montagna Law | Posted on November 24, 2025

« Why Hire Anthony Montagna, III for a Reckless Driving Charge in Hampton, VA

The 2025 Five Star Review of the Year »

Robert Bolden III

Tony was amazing! I initially found him online while researching lawyers in my area, and what sealed the deal was a close family friend who is an experienced lawyer themselves. They confirmed Tony was the person to go to. You can immediately tell he is experienced and knows his stuff. Every time we met, I felt valued and like I had his full attention. He took the time to make sure I understood everything at each step along the way. His paralegal Jay was equally awesome with top-tier communication throughout the entire process. I strongly recommend Tony to anyone looking for exceptional legal representation.

Marcus R

Mr Montagna goes above and beyond for his clients. I highly recommend his law firm.

Zgillman

I had a great experience with Mr. Montagna, I’ve had no previous court experience and he was able to guide me very clearly. Also ended with positive results.

Gina Briccetti

I couldn't recommend a lawyer as much as I recommend Anthony. He put my best interest to the forefront of his priority, taking all aspects of my case into consideration during the duration of my trial. He had an excellent way of communicating with me, treating me like one of his family members, instead of just a client. He was super transparent with me throughout the entire timeline of my case, and prepared me for what was to be expected so nothing was a surprise. I fully trusted Anthony to fight for me and my reputation, and he displayed himself very highly during my court date. He fully committed to me for my situation, and left out no details of what the court was entailing. He recommended I go above and beyond to mend my case, and so I did. He was successful in court with me, and I would absolutely utilize him as a resource for any further needs.

Josh Burton

Extremely helpful, clear, kind, and on top of every detail. Highly recommend!

Paige Dyer

Mr. Montagna was a great lawyer. Made the process very smooth and easy. Him and his paralegal were very professional and walked me through everything to help me understand my case. He worked hard get my reckless driving bumped down to an infraction which is a win in my book. 10/10 recommend if your looking for a lawyer.

nathan wilcots

Best lawyer I can ask for. He will not make promises but will put u at ease. I definitely recommend Anthony montagna.🔥

Kisha Wray

⭐⭐⭐⭐⭐ I cannot recommend Anthony Montagna highly enough. From the start, he demonstrated an incredible command of the law and a clear strategy for my case. He personally called me multiple times to walk through our defense and made sure I understood every step of the process. In court, Mr. Montagna was calm, confident, and extremely sharp. His knowledge of the law and ability to execute the right strategy ultimately helped lead to the dismissal of my case. When he says he treats his clients like family, he truly means it. He and his team were professional, responsive, and supportive the entire time. A special thank you to Jay, the paralegal on his team, for helping keep everything organized and moving smoothly. If you ever need legal representation, don’t hesitate to call Anthony “The Man” Montagna. Follow his guidance and do what he asks you to do — he knows what he’s doing. Thank you again for turning what started as a stressful situation into a positive experience.

Travis Langley

Unfortunately, I got a reckless driving ticket (68mph in a 45mph zone). Looked online and searched through many lawyers to help me with my case. Montagna law was one of the firms that popped up on a simple Google search. I read all of the previous cases stated on their website and felt comfortable with my decision to hire Mr. Montagna as my lawyer to represent me. I will say it was quite expensive, but what you get in return is fantastic representation at your court hearing and I was able to get my reckless driving charge completely dismissed and didn't have to pay any court costs or anything. Ofcourse this outcome is situational per a case to case basis, but I can honestly say that Mr. Montagna will try his absolute best to get you a good outcome in court! His experience truly speaks for itself!

Tyler Brown

I cannot recommend Anthony Montagna highly enough. He represented me in a case where I was originally charged with reckless driving (96MPH in a 55MPH zone), and thanks to his skill and strategic approach in the courtroom, he was able to get the charge reduced to improper driving. That alone made a huge difference in the long-term impact on my record. What really impressed me was how he handled the judge’s initial decision to suspend my license for 10 days. Anthony didn’t just accept it, he respectfully and professionally pushed back, using his experience and knowledge of the law to advocate even harder on my behalf. Because of his persistence and expertise, the judge reconsidered. In the end, I avoided a license suspension and the maximum fine. He is not the cheapest attorney out there, but in situations like this, you truly get what you pay for. The money was absolutely well spent. He protected my driving record, my ability to work, and gave me peace of mind during a stressful situation. If you’re facing a serious traffic charge and want someone who knows how to navigate the courtroom and fight for you, Anthony Montagna is the lawyer you want in your corner. I’m extremely grateful for his help.