Consequences for Not Taking a Field Sobriety Test in Tennessee
If a police officer suspects that you are driving under the influence, the officer may ask you to take a field sobriety test to determine your level of inebriation. The standard field sobriety test consists of three parts. If you fail any of these parts, then the officer will likely ask you to take a breath or blood test. While you will face repercussions for refusing to submit to a breathalyzer or blood chemistry test, you are allowed to refuse field sobriety testing with no immediate legal consequences.
At Andrew C. Beasley, PLLC, we understand the distress that can be caused by a DUI stop. In this blog, our Nashville DUI attorneys discuss the collateral consequences of refusing a field sobriety test as well as which defenses may be at your disposal.
What is Field Sobriety Testing?
Law enforcement uses field sobriety testing to determine a motorist’s level of impairment. The standard field sobriety test is three-pronged, consisting of a horizontal gaze nystagmus test, walk-and-turn test, and one-leg stand test.
Horizontal Gaze Nystagmus
While nystagmus is present for everyone when tracking objects at extreme angles, involuntary eye movements are often exaggerated in intoxicated persons. During the horizontal gaze nystagmus test, the officer will ask you to follow a pen or flashlight with your eyes. The officer will move it from side to side to see if your eyes “jerk” or for any other exaggerated movements.
Walk-and-Turn Test
During this test, you will be asked to take nine steps heel-to-toe in a straight line. You will then turn around once you have completed the nine steps and repeat the process in the opposite direction. The officer will look for any signs of impairment, which may include losing your balance while walking or turning, failing to touch heel-to-toe while walking, and beginning the test before being instructed to do so.
One-Leg Stand Test
The one-leg stand test involves standing with one foot six inches off the ground and counting out loud until the officer tells you to put your foot down. If you hop, sway, or have to use your arms to maintain your balance, these may be indicators of impairment.
What Happens if I Refuse Field Sobriety Testing?
Participating in field sobriety testing is voluntary, but if you refuse, a police officer may rely on other signs of impairment to force you to take a blood or breath test. Refusing chemistry testing is against state law, which can result in automatic license suspension, fines, and imprisonment. If you are given the choice between a breath, blood, or urine test, choose a breath test since these results are often inaccurate and easiest to challenge in court.
Defenses for Failing a Field Sobriety Test
Field sobriety tests rely on an officer’s judgment, which can lead to inconsistencies in results between individuals who have similar performances. If you have vertigo, inner ear issues, or nystagmus (a condition that causes uncontrollable eye movements), then you may fail one or several of these tests, even if you are completely sober.
A Nashville DUI lawyer can help construct a defense that demonstrates how your medical condition impedes your balance and coordination. Environmental factors, such as lighting and uneven surfaces, can also skew test results, inflating your level of impairment. Our justice system intends to hold liable individuals accountable for their actions, not to favor individuals in certain circumstances.
Speak with Our Nashville DUI Lawyers Today
If you have recently been arrested or charged with a DUI, you need dependable counsel to handle your case from start to finish. We understand the panic that you are likely feeling. At Andrew C. Beasley, PLLC, our Nashville DUI attorneys are here to address your concerns and develop a defense that will meet your needs. Our team of professionals is prepared to obtain any evidence to release you from liability. If you are interested in learning more, contact us online or by phone to arrange your complimentary consultation.