Do I Have to Take a Field Sobriety Test?

Law enforcement officers are specially trained to identify signs of impaired driving. But along with their thorough observations, they may also rely on technology, such as breathalyzer detectors, and standardized testing, such as field sobriety testing. This blog will closely cover field sobriety tests, which allow an officer to study your mental focus, physical balance, and other indicators that you may have been driving under the influence (DUI) of drugs or alcohol. With that being said, please continue reading to learn whether you are legally obligated to take a field sobriety test and how one of the experienced Clarksville DUI lawyers at Fendley and Birch can help you understand your rights during your traffic stop.

Do I have to take a field sobriety test in Tennessee?

Contrary to what you may initially assume, field sobriety tests are not mandatory in the state of Tennessee, and there are no immediate legal penalties for refusing to partake in one. Even though you have the right to voluntary participation in this test, the same cannot be said for a breathalyzer test. This is because when you get your Tennessee state driver’s license, there is an implied consent to submit to chemical tests, such as breathalyzer tests, when ordered by a law enforcement officer. Therefore, refusing a breathalyzer test may result in a driver’s license suspension, a fine, a surcharge, and other punishments.

Can an officer arrest me based on other signs of impairment?

It is worth mentioning that even if you do not take a field sobriety test, you may not be immune to getting arrested. That is, a law enforcement officer may still place you under arrest if they have probable cause to believe that you are impaired based on other observed factors. For one, the breathalyzer test may blatantly indicate that your blood-alcohol content (BAC) level is above the legal limit of 0.08 percent. But even if it does not, they may still be well within their right if they notice any of the following signs of being under the influence:

• You may have been driving erratically before the officer pulled you over.
• You may have red, glassy eyes that are not focused on the officer’s direction.
• You may have slurred your words when speaking with the officer.
• You may have given the officer incoherent answers during your conversation.
• You may have been clumsy when locating your identification for the officer.
• You may have stumbled when you got out of your vehicle for the officer.
• You may have an odor of alcohol coming from your pores or your breath.
• You may have drug paraphernalia visible in the passenger seat of your vehicle.

Sometimes, it may be better to submit to a field sobriety test and pass, rather than refuse one and have to prove your case more fiercely before the Tennessee criminal court. Nonetheless, if you are ready to make matters right, please retain the services of one of the skilled Montgomery County criminal defense lawyers as soon as you can. We at Fendley and Birch look forward to receiving your outreach.