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.
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"You Have Proven Yourself"Thanks once more for your ability to get it reduced and if I ever need legal assistance in the future, you have proven yourself to me.- A.W.
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"Best Case Scenario"If you’re looking for a firm who knows how to handle a DUI/DWI case, give Shyanne a call.- Satisfied Client
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"We Owe You"We owe you so much for helping us and our son. We appreciate your legal expertise and support you gave our son this April.- Melissa & Alan
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"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
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"I could not be more satisfied with the outcome McKinney Law produced."
I would like to take this opportunity to personally thank you and your entire team. I could not be more satisfied with the outcome McKinney law produced, especially considering the circumstances. McKinney law helped me navigate and overcome difficulties that I am still astounded by. Even through these stressful times, you were there for me and my family. I will not hesitate to recommend or if ever needed have you represent me again. I will certainly let anyone I know, that you and your team are the best hands down! Thanks again, Rob! Your assistance and representation were completely amazing!
- Jason B. -
"If your looking for a great lawyer, stop looking & hire these guys!"I can’t thank Rob Mckinney enough for all of his help with my case . I had never been in trouble before, & was very leery on paying for a lawyer, but from the moment I hired them, until my case was over, I never regretted my decision to have them represent me. Both Rob & Shyanne took every one of my phone calls, & answered every question that I ever could possibly come up. I was an emotional mess from the get go, and probably asked 1000 more questions than necessary, but they took the time to go through absolutely everything with me, and never made me feel like I was wasting their time or that I was inferior to them. Their knowledge, wisdom and guidance was so comforting & helped me with the stress of the legal process. My case took 2 years & 13 court appearances, so it was not an easy journey, but they made me feel at ease the entire time, & in the end, the charges were dropped. Thank you ! - Lisa F (aka super satisfied client)- Lisa F
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"You Were There For Us"You are more to us than just a lawyer.- J.B.
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""Best Lawyer In the world will not quit .""Best lawyer have known will not quit will fight all the way!- Marvin Johnson
