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

If a law enforcement officer pulls you over in Clarksville, Cumberland Heights, or any other Montgomery County community 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 Birch can step in if you fail them.

What Should I Do If I’m Asked to Take Field Sobriety Tests in TN?

You should know that it is not necessarily required of you to participate in field sobriety tests (FSTs) in the state of Tennessee. That is, you may not be penalized for refusing to perform these tests in front of a law enforcement officer. It is important to note, however, that you must comply with an officer’s request to exit the vehicle when asked.  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 law enforcement more suspicious of you, and it may not necessarily help in your upcoming criminal case proceedings.

Do You Have to Take Field Sobriety Tests in Tennessee?

• Field sobriety tests are completely voluntary in Tennessee
• You can legally refuse to participate in FSTs without legal penalties
• However, refusal may:
  • Increase the officer’s suspicion
  • Contribute to probable cause
• Refusal does not mean you will avoid a DUI charge

Common Field Sobriety Tests Used by Police

• One-leg stand test
  • Standing on one leg while counting out loud
  • The officer evaluates your balance and coordination
• Walk-and-turn test
  • Walking heel-to-toe in a straight line
  • Turning and returning the same way
• Horizontal gaze nystagmus test
  • Following an object with your eyes
  • The officer will look for involuntary eye movements

Are Breathalyzer Tests Different from Field Sobriety Tests?

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 under Tennessee’s implied consent laws.

Field Sobriety vs. Breathalyzer Tests

• Field sobriety tests:
  • Voluntary in Tennessee
  • Subjective in nature and based on the officer’s observation
• Breathalyzer (chemical testing):
  • Mandatory under implied consent laws
  • Refusal can result in administrative penalties, including
    • Automatic license suspension
    • Fines and fees

Can You Be Arrested Without Taking a Field Sobriety Test?

If you refuse to take a field sobriety test during a Clarksville or surrounding Montgomery County traffic stop, you may still be placed under arrest. This is because the officer may have probable cause to believe you are under the influence at the time of your arrest.

Signs an Officer Will Use to Determine Impairment

• Erratic or unsafe driving behavior
• Red, glassy, or unfocused eyes
• Slurred or slowed speech
• Confusion or incoherent speech
• Difficulty finding documents or identification
• Stumbling or poor coordination when exiting the vehicle
• Smell of alcohol on your person or coming from the car

What Happens If I Fail The Field Sobriety Tests?

Importantly, data shows that field sobriety tests show that they are flawed and may not be as 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.

What Failing a Field Sobriety Test Can Lead To

• Immediate arrest for suspected DUI
• Use of results as evidence in court
• Increased difficulty in challenging the stop
• Additional chemical testing
• Potential criminal charges

Contact an Experienced Montgomery County Criminal Defense Attorney

If you still have doubts about how to proceed, please consult with one of the competent Montgomery County criminal defense lawyers at Fendley and Birch. Our committed legal team understands how difficult facing legal matters can be, which is why we will point you in the right direction. Contact us today to learn how we can represent you.