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.
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.
How to Refuse Field Sobriety Tests
If you are pulled over on suspicion of DUI:
- Be polite and be quiet
- Show your license and insurance
- Ask, "Am I free to go?"
- If so — leave. If not — BE QUIET
- Sign ticket and property receipt ONLY
- If you take a breath/blood test, IMMEDIATELY request a second independent test — it's your right
- Admit to drinking!
- Perform ANY field sobriety test, including the eye test (these are NOT required by law)
- Talk or make excuses
Please note that the refusal discussed above applies only to field sobriety tests. Breath tests fall under the doctrine of implied consent, and refusal may result in the suspension of your driver’s license.
What Can Affect My Performance on Field Sobriety Tests?
Even the National Highway Traffic Safety Administration (NHTSA) has admitted that sober persons can have difficulty with standardized field sobriety tests. As such, even if you submitted to field sobriety testing and “failed,” there may be ways to challenge the validity of the tests and your results.
Many different things can affect your ability to perform field sobriety tests, including:
- Dust in the eyes
- Strobes from the police car
- Weather conditions
- Physical problems
- Inner ear disorder
- Lack of coordination
- Verbal distractions by the officer
Our Experience & Knowledge Can Make a Difference
Our Nashville field sobriety test attorneys understand how prosecutors approach DUI cases. We understand the issues involved in building cases against those charged as well as how to work with the court and the prosecution in avoiding maximum sentences. When it comes to challenging field sobriety test results, we know what to look for in errors, procedural violations, and a host of other factors that can impact their accuracy.
“Rob McKinney did an exceptional job! Not only did he get the best outcome possible for my case, he had skilled knowledge to answer ...”- Very Satisfied Client
“Best defense lawyer in the middle Tennessee area”- Daniel Himes
“I could not be more satisfied with the outcome McKinney Law produced.”- Jason B.