Refusing a Sobriety Test

Under the state’s implied consent law, you must consent to breath, blood, or urine testing if an officer has reason to believe that you are driving under the influence of alcohol and/or drugs. A first-time refusal is subject to a one-year license suspension, increasing to a two-year suspension if your crash caused anyone serious bodily harm. Under certain circumstances, if the officer notices signs of impairment after pulling you over, they may request that you take a field sobriety test.

In Tennessee, you are permitted to refuse a sobriety test without any legal consequences. Even so, refusing to take a sobriety test can open you up to additional testing. In this blog, our Nashville DUI attorneys at Andrew C. Beasley, PLLC, discuss when you may be asked to take a field sobriety test as well as your additional legal rights.

What You Need to Know About Field Sobriety Tests

A field sobriety test is a series of tests administered by law enforcement to test a person’s cognitive and physical capabilities. The three-pronged test consists of the following:

One-Legged Stand

During this test, you will be asked to stand on one leg, with your other leg staying lifted six inches off the ground. You will be asked to start counting until the officer tells you to put your foot down. Excessive swaying or an inability to maintain your balance indicate signs of impairment.

Walk-and-Turn

The walk-and-turn test, also known as the tandem gait test, assesses your fine motor skills, further testing your balance. During the walk-and-turn test, a police officer will ask you to take nine steps in a straight line, with the heel of the foot that you place in front touching the toe of your back foot. You will then have to repeat the exercise, moving in the other direction.

Horizontal Gaze Nystagmus

In the horizontal gaze nystagmus test, or HGN test, the officer will move a flashlight or other object from side to side. You will be asked to visually track the object. If your eyes have trouble following the object or if the pupils exhibit nystagmus (when the eyeball makes a “jerking” motion), this may point to potential impairment.

What Happens if I Refuse to Take a Field Sobriety Test?

Based on the results of your field sobriety test, a police officer may request that you submit to chemical testing (consisting of a breath, blood, or urine sample) if you show signs of impairment. However, if you choose not to participate, then you may still be asked to take a blood alcohol test.

When deciding whether or not you should submit to a sobriety test, you should be aware that certain medical conditions may cause you to fail any one of the tests. This may be the case even if you are sober. For instance, if you have the flu, an inner ear infection, or a natural nystagmus, you may fail the HGN test. In this situation, it may be best for you to skip field sobriety testing and take a chemical blood test.

If you are able to choose which chemical test you take, request to take a breathalyzer. Breathalyzers are difficult to keep properly calibrated (and a judge knows that), so it will be the easiest result to dispute a positive result.

Contact a Nashville DUI Attorney Today

Being pulled over for a traffic stop can be anxiety-provoking. Familiarity with the law can be extremely helpful, allowing you to know what your rights are. At Andrew C. Beasley, PLLC, our Nashville DUI lawyers have helped countless clients achieve the best possible outcome, even those who have tested above the legal limit. To arrange your free consultation to discuss your matter, our office can be reached online or by calling (615) 846-9889.