Penalties for Not Complying with a Field Sobriety Test
When an officer suspects a driver of being under the influence of alcohol or drugs, one of the most common tools used in roadside investigations is the field sobriety test. These tests are designed to evaluate a person’s physical and cognitive abilities to determine if they are impaired. While the tests might seem simple, they are often more complicated than they appear—and the decision to refuse or comply can carry serious consequences. Understanding your rights and the legal implications of refusal is essential if you’re ever pulled over under suspicion of DUI.
What a Field Sobriety Test Includes
Field sobriety tests usually consist of three standardized assessments established by the National Highway Traffic Safety Administration (NHTSA):
- Horizontal Gaze Nystagmus (HGN) Test – The officer asks you to follow a moving object (like a pen) with your eyes. Involuntary jerking of the eyes may suggest impairment.
- Walk-and-Turn Test – You must take nine heel-to-toe steps along a straight line, turn, and return in the same manner. Balance and coordination are observed.
- One-Leg Stand Test – You are asked to stand on one foot for a set time while counting aloud. This measures balance, focus, and motor skills.
These tests can be affected by nerves, medical conditions, or poor instructions, making them unreliable in many cases.
Your Rights When You Are Pulled Over
When a police officer pulls you over, you are required to provide your driver’s license, registration, and proof of insurance. However, it’s essential to know that you have constitutional rights during any interaction with law enforcement. You have the right to remain silent and to refuse to answer questions about where you’ve been or whether you’ve been drinking. You also have the right to decline voluntary searches of your vehicle unless the officer has probable cause or a warrant.
When it comes to field sobriety tests specifically, these are typically voluntary. In Tennessee, you are not legally obligated to perform field sobriety tests. However, refusing them may lead the officer to arrest you based on other observations. It’s a delicate legal balance—and your decision could affect the outcome of your case.
Penalties and Consequences for Not Complying
While you can legally refuse a field sobriety test in Tennessee, that refusal may have consequences. Most notably, if an officer has enough evidence to suspect impairment without the test—such as the smell of alcohol, slurred speech, or erratic driving—refusal can still lead to arrest. Moreover, refusal can be used against you in court as a sign of possible intoxication.
It’s important to distinguish field sobriety tests from chemical tests like breath, blood, or urine tests. Under Tennessee’s Implied Consent Law, refusing a chemical test after a DUI arrest can result in automatic license suspension, even if you are not ultimately convicted of DUI. First-time refusal carries a one-year license revocation, and that penalty increases with prior offenses or if a crash with injury is involved.
Why You Should Call Joshua T. Crain – Attorney at Law
Being pulled over for suspected DUI can be intimidating and confusing. If you’ve been charged or are unsure of your rights, don’t navigate the legal system alone. Joshua T. Crain is a seasoned criminal defense attorney in Murfreesboro, Tennessee, with years of experience defending clients in DUI and other criminal matters. He understands the nuances of Tennessee DUI law and will fight to protect your rights, challenge questionable evidence, and seek the best possible outcome for your case. Call Joshua T. Crain – Attorney at Law at (615) 285-6487 today or contact us online to hear more.