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, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Incredibly helpful"This was my first experience ever being accused of a crime and I was very nervous and scared. Rob and his staff were incredibly helpful, answering all of my questions and putting my mind at ease throughout the process. In the end, we were able to get everything dismissed successfully. Although in the grand scheme, my case was a relatively minor one, Rob always was there to help and it was clear that his knowledge and experience would be hard to find anywhere else. I would absolutely recommend Rob and his team to anyone looking for a defense attorney.- SA
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"Forever Grateful"My family will always be grateful to you.- Satisfied Client
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"Rob and his team did a fantastic job on my case... I would definitely use his services again."Rob and his team did a fantastic job on my case... I would definitely use his services again.- Larry P.
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"Rob McKinney did an exceptional job! Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way!"Rob McKinney did an exceptional job! I was extremely worried about my case. Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way. I would recommend him to all of my closest friends and family. Karen and the entire staff are extremely helpful and I always felt that I was a priority. Thank you Mr. McKinney for helping to keep my future bright! I am so very thankful to you!- Very Satisfied Client
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"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
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"Truly Grateful"There are precious times in our lives when we are blessed with people who make a difference.- Nathan
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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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"On more than one occasion, you treated me like kin. It meant more than you both will ever know."On more than one occasion, you treated me like kin. It meant more than you both will ever know.- Satisfied Client
