What if I’m Asked to Take Field Sobriety Tests?

If a law enforcement officer pulls you over on suspicion of driving under the influence (DUI), they may soon after ask you to step out of your vehicle and perform field sobriety tests. Now, field sobriety tests are a series of physical and mental tests used to determine whether or not you are under the influence of drugs or alcohol. The most common examples are the one-leg stand, walk and turn, and horizontal gaze nystagmus tests. Understandably so, you may be hesitant to participate in this testing. Read on to discover what you should do if asked to take field sobriety tests and how one of the seasoned Clarksville DUI lawyers at Fendley and Etson can step in if you fail them.

What should I do if I’m asked to take field sobriety tests?

You should know that it is not necessarily required of you to participate in field sobriety tests in the state of Tennessee. That is, you may not be penalized for refusing to step out of your vehicle and perform these tests in front of a law enforcement officer. The only instance in which there would be a penalty imposed was if you were pulled over at a time when your driver’s license was suspended. What’s more, you should know that such a refusal may make the law enforcement offer more suspicious of you; and it may not necessarily help in your upcoming criminal case proceedings.

However, it is worth mentioning that the same rule does not apply to a breathalyzer test. This test has you blow into a breathalyzer device to measure the amount of alcohol in your blood at the time of your traffic stop. A blood-alcohol content (BAC) level of 0.08 percent or higher is considered illegal for standard motor vehicle drivers over the age of 21. With that being said, refusing to submit to a breathalyzer test may result in consequences such as having your driver’s license suspended.

What happens if I fail the field sobriety tests?

Importantly, data has shown that field sobriety tests are estimated to be only 65 to 77 percent accurate. With these relatively low odds, you may hesitate to submit to such testing. If so, it may be in your best interest to refuse your participation in them. This is because it is a worst-case scenario if you wrongfully fail the field sobriety tests. Specifically, if you fail, a law enforcement officer may arrest you. From here, it may be more difficult to defend against the results. This may be especially true if an officer did not conduct a breathalyzer test at the scene, which would have provided more objective results.

If you still have doubts about how to proceed forward, please consult with one of the competent Montgomery County criminal defense lawyers. Our team at Fendley and Etson will point you in the right direction.