Are Tennessee Field Sobriety Tests Reliable?

No one likes to see flashing lights in their rearview mirror when driving on the highway. And if you’ve been speeding, or have disobeyed some traffic law, you can feel even worse. But what happens when an officer asks if you’ve been drinking?

It can be alarming to hear the words, “Step out of the car, please,” from an officer, no matter what you have or have not been doing. Before submitting to a field sobriety test, you need to know what your rights are, how to exercise them, and what to do when an officer pulls you over and asks, “Have you been drinking?”

You don’t have to submit to a field sobriety test

It pays to know your rights. If an officer insinuates that he or she will be performing a field sobriety test, you can say, “No, thank you.” In fact, no matter what your sobriety status, you should never say yes. Field sobriety tests are unscientific and based completely on a police officer’s opinion. There are a lot of assumptions made during a field sobriety test, and they are in no way objective. These tests are only administered to ascertain if you are too impaired to drive, and time and time again they have been proven unreliable.

If you have submitted to a field sobriety test, call a Franklin DUI lawyer immediately. These tests are often the building blocks of the prosecution’s case against you, and you will want an experienced DUI attorney to represent you.

Field sobriety tests are unreliable

It pays to know your rights. If an officer insinuates that he or she will be performing a field sobriety test, you can, and should, refuse. In particular, field sobriety tests—which consist of the horizontal gaze nystagmus test, the one leg stand, and the walk and turn—are subjective, unscientific, and should not be admitted in court. Your Franklin DUI defense attorney will make these arguments on your behalf. Tennessee field sobriety tests are unreliable because:

• They do not account for differences in physical or mental acuity. The field sobriety test acts as a blanket test for all drivers. Whether you are young, old, or disabled in some way, you will be receiving the same test. It’s not fair, for example, to have someone who has clinically diagnosed vertigo stand on one leg to determine if they are too impaired to drive.
• They are unscientific. The original data on field sobriety tests does come from studies, but they are not peer reviewed. In the scientific community, this renders them unreliable.
• You can still get arrested. Even if you pass the test, the Tennessee Supreme Court has ruled that you can still be arrested and charged with a DUI.
• They are completely opinion based. It’s faulty logic that every officer will administer the test in the same way, or that any set of officers would judge the criteria similarly. This completely subjective test should not be held up as the behavioral standard for assessing DUIs.

If you have taken a field sobriety test that you believe was unfairly graded, you will need skilled DUI attorney to represent you in court. At the Law Offices of Adrian H. Altshuler & Associates, you work with compassionate, experienced advocates for Tennessee drivers. If you need representation in the Franklin, Brentwood or Columbia areas, call us at 615-977-9370 or contact us to discuss your options.