Nashville Field Sobriety Test Attorneys
Am I Required to Submit to Field Sobriety Testing?
There is no legal requirement to take any field sobriety tests and as such, we recommend that you do not take them. These are subjective tests that are only 65%-77% correct when administered in perfect conditions, administered exactly as designed, and evaluated impartially.
You may absolutely decline to take these tests and it is often wise to do so. There are no consequences for refusing to take them (note that this is different than blood and breath tests which may have consequences for refusal, including the suspension of your driver's license). If you do take the tests, they can be used by the police as evidence against you.
The officer already thinks you are impaired — why else would they request you take the test? An officer who already is biased against you is the one who will be grading your performance. In America, you do not have to prove your innocence; it is the duty of the State and the police to prove you are guilty. You have no obligation to do the officer’s job or help at this point.
The best response is to ask the officer, "Am I required to take these tests?" The honest answer is no. Any other response could leave a jury with the impression the officer is deceptive. At this point, tell the officer that you would like to talk to an attorney before deciding what to do. The officer most likely will refuse your request, but there is a considerable difference between refusing to take the tests and asking to talk to an attorney before making your decision.
Whether you refused field sobriety tests or took and “failed” roadside testing, May McKinney can offer valuable insight regarding your rights and legal options. Call (615) 265-6383to learn more!
Types of Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) worked to develop three field sobriety tests:
- Walk and Turn
- One Leg Stand
- HGN testing
Walk and Turn
In this test, the subject is told to take several steps, heel-to-toe in a straight line. Then he or she must turn on one foot and return back following the same process. The examiner is looking for two or more signs of impairment including: if the subject doesn't listen to the instructions before beginning to walk, stops at any point to regain balance, veers off the line, does not touch heel-to-toe, needs arms to balance or does not turn as directed.
One Leg Stand
This requires the subject to raise one foot six inches off the ground while counting aloud until told to stop (it is supposed to be for thirty seconds). The examiner watches for two or more signs the subject is struggling to balance including hopping, swaying, using arms or placing the foot back down.
HGN Testing
HGN stands for Horizontal Gaze Nystagmus. This is an involuntary jerking of the eyes as they look to the side. It occurs naturally but can be exaggerated if an individual is impaired by alcohol. The subject will be asked to follow an object (like a pen) with their eyes in a slow horizontal motion. The officer will be looking to see if the eye can follow the object smoothly. If the eyes do jerk, the officer will take particular note if it occurs at lesser angles of viewing.
Our Clients Say It Best
Read Our Client Testimonials
At May McKinney, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
-
"Excellent Defense"Excellent work great attorney definitely worth every star & every Pennie!!!!!- Trent Johnson
-
""Do yourself a favor, make Rob your flavor.""I was visiting friends in Nashville and sightseeing around the Titan stadium when about 8 officers drew their weapons on me from a good 100+ feet away, demanding that I freeze and put my hands in the air. My first response was to pull out my knife while i tried to gain focus on who and why this was happening. Is this a joke? Am i being robbed possibly? That was the thoughts racing through my mind. Apparently, someone had called and said someone with a backpack threatened to blow up the stadium, WOW! I understand these officers were doing their job but after they searched me and found I was innocent they still charged me with two counts of aggravated assault on a police officer and a few others for good measure. My lawyer Rob Mckinney knew i was being honest and meant no one harm, but I was really scared that it may turn out very differently due to the circumstances. He not only got my charges dismissed but my record expunged as well. I'm forever grateful and would recommend this legal team for anyone in need of a most stellar lawyer. Thanks again Rob and the rest of the team.- Eric A
-
"Mr. McKinney is listed with Super Layers for a reason!"In the darkest and most ashamed moment of my life, Mr. McKinney with all of his kindness, encouragement, and unsurpassed knowledge for the Tennessee law was by my side. I am nearly 60 years old and never had a conflict in my life, let alone one that involved an uncontrollable emotional reaction, that resulted in a physical altercation. Yet under the influence of prescribed drugs for insomnia, anxiety management, and alcohol, I made a grave mistake which resulted in Class C Aggravated Assault Felony Charge. To complicate matters, I am not a resident of Tennessee. It goes without saying that Mr. McKinney has earned the utmost respect as a top tier lawyer from the Tennessee court system. He was able to professionally articulate my case to the court, emphasizing that I risk losing employment, showed that I voluntarily turned myself in, and that I was a first-time offender. The court listened to him and as a result he was able to negotiate terms that far exceeded my expectations. I spent a lot of time between my arrest and court appearance researching the standard outcomes for an aggravated assault charge in the State of Tennessee, and based on what I read, I expected the worst judgement to be passed down. Mr. McKinney however worked with the court system to not impose jailtime and an opportunity to have the charges expunged from my record. I know that I will forever be ashamed and grieve over the event, but he was able to provide me with the opportunity to work the rest of my life making this right to the victim, my family, and others that were emotionally impacted. Mr. McKinney is worth his weight in gold. He knows the law. He is respected. He is highly skilled as a lawyer. He is the very best. I only wish I met and got to know of him under better circumstances.- SB
-
"Held my hand every step of the way in one of the most horrible times in my life."There are no words to express how grateful I am to Rob McKinney. He was there for me when I was confronted with a very difficult time in my life. Rob fought long and hard to prove the good of my situation. His team was behind me every step of the way during the long drawn out time frame. Rob never gave up on me and made me feel cared about through every obstacle we faced. I am very confident that he is now someone who I can call "a Friend" for life. The best word to use in description of Rob is AWESOME!- Barbara N.
-
"Forever Grateful"Thank you for helping me to not only resolve a recent legal matter, but also pointing me in the direction of freedom from a past criminal record. I am clean and free, and I have a clear record for the first time in 12 years.- Rachel
-
"Amazing service"Rob McKinney is the best criminal attorney in Nashville area. I had 7 cases and he got them dismissed right away! He made the trip to Clarksville from Nashville and saved me from loosing my green card. His experience, his dedication, knowledge and caring heart is unmatched. I am forever grateful!- PF
-
"Do not give up hope"Words cannot express my gratitude and appreciation to Rob McKinney and his entire law firm. This was my first experience with needing legal representation. After speaking with other attorneys, I was told that there was not much they could be do for me. I was fully aware that the odds were stacked against me and I was losing hope. Mr. McKinney told me that he would fight for me and that is exactly what he did. I could not have asked for a better outcome. I highly recommend this firm- Anonymous
-
"It's a Comfort to Have You On My Side"
I just wanted to say thank you for everything you have been doing for me. It's comforting to know I've got you on my side. You're the BEST!!
P.S. — I really can't thank you enough.
- R.
