Law Office of Rob McKinney
View Our Practice Areas

Field Sobriety Tests Archives

About Tennessee's boating under the influence laws

Operating a mechanically-powered vessel or sailboat while under the influence of alcohol is a Class A misdemeanor in Tennessee. For the most part, the rules regarding alcohol impairment that apply on the water are the same as those that apply to drivers of motor vehicles. You can be convicted of boating under the influence (BUI) if you are found to have blood alcohol content of .08 or more. The operator of a boat gives implied consent to blood alcohol testing, just as the driver of a car or truck does. The penalties upon conviction for BUI are the same as for DUI. And during certain holiday periods, officers from the Tennessee Wildlife Resource Agency (TWRA) intensify their enforcement efforts, just as state and local police on land do.

An App To Protect Your Rights - Before And After A DUI Arrest

You've been stopped by the police and taken to the station because they think you are over the limit. They want you to take a breath test, but taking the test could get you arrested for DUI. If you refuse to submit to testing, your driver's license will be suspended. What should you do?

Truck driver facing DUI charges failed field sobriety tests

The trucking industry is highly regulated, and one way that those regulations are enforced is through the use of weigh stations situated along the highways of the country. Many people are under the impression that all they do at these stations is weigh the trucks. However, the officers who staff these stations are also checking to ensure that the trucks are in good working order and that the drivers are unimpaired. For example, a trucker was recently arrested for being impaired after the administration of field sobriety tests conducted at a weigh station here in Tennessee.

Field sobriety tests are not a reliable indication of impairment

Many Tennessee residents have joked about the fact that they could not walk a straight line or say the alphabet backwards even if they were sober. Even though this is often said in jest, the truth of the matter is that it is not far from the truth. Field sobriety tests are often not a reliable indication of impairment, and many people have been arrested for DUI based on these tests, only to have the charges dismissed later.

Judge dismisses UT player's charges for lack of probable cause

University of Tennessee football fans might recall that Charles Mosley, an offensive lineman, was arrested in July 2015 on suspicion of DUI and speeding. Recently, a preliminary hearing was held to determine whether there was enough evidence to send the case to a grand jury. The judge ruled that prosecutors failed to meet the minimum threshold for proof of the charges due to a lack of probable cause for the arrest.

There may be more to field sobriety tests than meets the eye

Being asked to perform a field sobriety test can be an intimidating and nerve-wracking experience regardless of whether a person is intoxicated or not. One reason field sobriety tests can evoke fear or trepidation in a driver is because the tests can lead to drunk driving charges in Tennessee. These charges can come about if an officer decides a motorist has failed the test. However, a motorist could fail the test for reasons that have nothing to do with intoxication.

Tennessee town official allegedly failed field sobriety tests

A failed sobriety test can lead to an arrest for DUI. One Tennessee town official was recently arrested after she allegedly failed field sobriety tests. The woman also had two juveniles in the vehicle with her at the time of the arrest. One of those juveniles was her own son, and the other was a friend of that son.

Important to understand field sobriety tests in Tennessee

Being arrested or charged with a DUI can be downright scary for anyone. Field sobriety tests play a role in many DUI cases in Tennessee. However, they are not an exact science and typically involve being asked to perform a number of physical feats, including walking a straight line, standing on one foot, counting in a certain sequence and other tasks that may prove difficult for some. Anyone who is asked to take one, and then arrested based on how they perform the physical tasks asked of them, may benefit by gaining more information about these subjective tests.

What you need to know about a failed sobriety test

It can be intimidating and stressful to be asked to submit to a field sobriety test. Many outside factors, including fear and stress, can combine to produce a false conclusion. Accordingly, a failed sobriety test is possible even if the driver is not intoxicated. If you are facing a drunk driving charge in Tennessee , being aware of these factors may be important in contesting the accusations in criminal court. 

Many factors can impact results of field sobriety tests

A field sobriety test can lead to an arrest, and the results can be used in court. This means the results can weigh heavily on your fate and you may lose your license, have to pay fines and suffer the other negative impacts of having a criminal record. Because of what is at stake, Tennessee citizens who partake in field sobriety tests at the request of a police officer should understand what outside factors may impact the results and how they may form part of a defense strategy when challenging a drunk driving charge.

214 2nd Ave N.
Suite 400
Nashville, TN 37201

Toll Free: 866-603-2842
Phone: 615-649-5824
Fax: 615-242-5967
Nashville Law Office Map

Back To Top