Do I Have to Take a Field Sobriety Test When I Get Pulled Over in Tennessee?
That queasy feeling in the pit of your stomach that comes when you have seen the blue lights flashing in your rear-view mirror and you realize that you are being pulled over by a police officer. It is really late at night and you are on your way home from a party. You have consumed some alcohol, but you know that you are not at all drunk. You try to be cool and take some deep breaths to calm down while resting both hands on the steering wheel and trying to muster up an air of casual calm.
The officer approaches and you roll down your window, shielding your eyes from his bright flashlight with your other hand. He begins to ask you a few questions and peers at you intently as you answer him. At this point, you know that the officer is trying to gauge if you have had too much to drink and if you are driving under the influence. This is about the time when the officer will ask you to step out of the vehicle because he is likely going to ask you to perform a field sobriety test.
As someone who knows a thing or two about the law and your rights when you have been pulled over, we want you to know that according to Tennessee law, you are not required to submit to a field sobriety test (FST). There is no legal penalty for refusing to perform a FST in Tennessee. This is one of those situations where it pays to know your rights because while you are not required by law to comply with the officer’s request, neither is the officer required by law to tell you that you have the right to refuse to submit to a field sobriety test.
So, it is up to you whether or not you want to comply with the officer’s request for a field sobriety test. If you should decide to go ahead and take the test, here are the three standardized sobriety tests that have been approved by the National Highway Transportation Safety Administration (NHTSA):
- Walk and turn
- One leg stand
- Horizontal Gaze Nystagmus (HGN)
What about chemical sobriety tests? May I also refuse those?
Yes, you may refuse to submit to a blood, breath or urine test, which are used to measure the driver’s blood alcohol concentration. The officer chooses which test the driver must take, and the individual does not have the right to speak with their DUI lawyer to help them decide whether or not to comply. If an officer tells you to take a chemical sobriety test and you refuse, and the officer charges you with a DUI, you can also be charged with an implied consent violation. Under Tennessee law, if you drive a vehicle, you have given your consent to a chemical test to determine the alcohol or drug content of your blood. An implied consent violation carries the penalty of having their driver’s license revoked, fines and possible jail time depending on your criminal record.
If you have been charged with DUI, you may want to contact one of our competent, Franklin DUI attorneys from the Law Offices of Adrian H. Altshuler & Associates immediately. We will review your case and advise you of your rights and your options based on the circumstances of your case. Contact us today and schedule a consultation.