Clark v. State

Phipps, Judge.

Steven Gregg Clark was convicted of driving under the influence of alcohol to the extent that it was less safe to drive and of failure to maintain lane. In this appeal, he contends that the trial court erred in admitting evidence of his performance of three field sobriety tests (the horizontal gaze nystagmus, walk and turn, and one-leg stand) and of his refusal to submit to a fourth test (the alco-sensor). He argues that his performance of the first three tests was not consensual and that the admission of evidence of his refusal to perform the fourth violated his right against…