What is a Field Sobriety Test?
Field sobriety tests are often used by officers to determine whether a driver is under the influence of alcohol or drugs. These tests typically involve walking in a straight line, standing on one leg, and following an officer’s instructions to assess your physical and mental coordination. While it may seem like these tests are a mandatory part of the process, you do have some rights when it comes to refusing them. However, refusing a field sobriety test can have consequences. In this blog, we will break down what you need to know about refusing a field sobriety test in Tennessee, the potential consequences of doing so, and why you may want to consider all your options carefully. Types of Field Sobriety Tests in Tennessee
There are three commonly used field sobriety tests in Tennessee: Horizontal Gaze Nystagmus Test This test requires you to follow an object with your eyes as the officer moves it from side to side. If your eyes cannot smoothly follow the object or exhibit jerking movements, it may be an indication of intoxication. Walk and Turn Test In this test, you are asked to walk heel-to-toe along a straight line, turn around, and walk back. Officers look for signs of balance problems, improper turns, or inability to follow instructions. One-Leg Stand Test This test requires you to stand on one leg for a set period of time. If you are unable to balance or follow the officer’s instructions, it can be used as evidence that you are intoxicated.Can You Refuse a Field Sobriety Test in Tennessee?
In Tennessee, the short answer is yes, you can refuse a field sobriety test. Unlike chemical tests (such as breath, blood, or urine tests), field sobriety tests are not mandatory. You are not legally required to take them, and you can politely refuse when asked by an officer. However, it’s important to understand that refusing a field sobriety test can lead to certain consequences that could impact your case. While Tennessee law does not make field sobriety tests compulsory, there are still reasons you may want to weigh your options carefully before refusing. First, officers may still arrest you if they have probable cause to believe you are intoxicated. If they arrest you, they will likely ask you to take a chemical test, such as a breathalyzer or blood test, which is required under Tennessee’s implied consent law.What Happens If You Refuse a Field Sobriety Test?
If you decide to refuse a field sobriety test in Tennessee, you may not face immediate legal consequences like those associated with refusing a chemical test. However, this decision could influence the officer’s actions. If an officer suspects you of driving under the influence, refusing a field sobriety test may provide them with enough reason to arrest you. In that case, the officer could still request a breath or blood test, which you would be required to take under Tennessee’s implied consent law.
Consequences of Refusing a Chemical Test in Tennessee
It’s crucial to recognize the difference between refusing a field sobriety test and refusing a chemical test. While refusing a field sobriety test is within your rights, refusing a chemical test can have more serious consequences. In Tennessee, the implied consent law requires drivers to submit to a breath, blood, or urine test if they are arrested on suspicion of DUI. Refusing a chemical test can lead to the automatic suspension of your driver’s license for one year, even if you are not convicted of a DUI. Furthermore, this refusal can be used as evidence in your DUI trial, and it may be seen as an admission of guilt.
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Why You Should Contact an Attorney After a DUI Stop
If you’ve been stopped by a police officer in Tennessee and asked to submit to a field sobriety test, it’s important to consider your options carefully. The decision you make in this moment can affect the rest of your case. If you have already been arrested for DUI, you may feel overwhelmed by the legal process ahead. At Best & Brock, we understand what you’re going through, and we are here to help. Whether you have refused a field sobriety test, a chemical test, or both, having an experienced attorney by your side can make a significant difference in the outcome of your case. We know how to challenge the evidence presented against you and explore all possible defense strategies. In some cases, we may be able to get charges reduced or dismissed, or we may be able to argue for a more favorable outcome.Related Videos
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