Field Sobriety Tests A Team Who Will Tenaciously Defend You Every Step of the Way

Nashville Field Sobriety Test Attorneys

Am I Required to Submit to Field Sobriety Testing?

There is no legal requirement to take any field sobriety tests and as such, we recommend that you do not take them. These are subjective tests that are only 65%-77% correct when administered in perfect conditions, administered exactly as designed, and evaluated impartially.

You may absolutely decline to take these tests and it is often wise to do so. There are no consequences for refusing to take them (note that this is different than blood and breath tests which may have consequences for refusal, including the suspension of your driver's license). If you do take the tests, they can be used by the police as evidence against you.

The officer already thinks you are impaired — why else would they request you take the test? An officer who already is biased against you is the one who will be grading your performance. In America, you do not have to prove your innocence; it is the duty of the State and the police to prove you are guilty. You have no obligation to do the officer’s job or help at this point.

The best response is to ask the officer, "Am I required to take these tests?" The honest answer is no. Any other response could leave a jury with the impression the officer is deceptive. At this point, tell the officer that you would like to talk to an attorney before deciding what to do. The officer most likely will refuse your request, but there is a considerable difference between refusing to take the tests and asking to talk to an attorney before making your decision.

Whether you refused field sobriety tests or took and “failed” roadside testing, May McKinney can offer valuable insight regarding your rights and legal options. Call (615) 265-6383to learn more!

Types of Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) worked to develop three field sobriety tests:

Walk and Turn
One Leg Stand
HGN testing

Walk and Turn

In this test, the subject is told to take several steps, heel-to-toe in a straight line. Then he or she must turn on one foot and return back following the same process. The examiner is looking for two or more signs of impairment including: if the subject doesn't listen to the instructions before beginning to walk, stops at any point to regain balance, veers off the line, does not touch heel-to-toe, needs arms to balance or does not turn as directed.

One Leg Stand

This requires the subject to raise one foot six inches off the ground while counting aloud until told to stop (it is supposed to be for thirty seconds). The examiner watches for two or more signs the subject is struggling to balance including hopping, swaying, using arms or placing the foot back down.

HGN Testing

HGN stands for Horizontal Gaze Nystagmus. This is an involuntary jerking of the eyes as they look to the side. It occurs naturally but can be exaggerated if an individual is impaired by alcohol. The subject will be asked to follow an object (like a pen) with their eyes in a slow horizontal motion. The officer will be looking to see if the eye can follow the object smoothly. If the eyes do jerk, the officer will take particular note if it occurs at lesser angles of viewing.

How to Refuse Field Sobriety Tests

If you are pulled over on suspicion of DUI:

Be polite and be quiet
Show your license and insurance
Ask, "Am I free to go?"
If so — leave. If not — BE QUIET
Sign ticket and property receipt ONLY
If you take a breath/blood test, IMMEDIATELY request a second independent test — it's your right

Do not:

Admit to drinking!
Perform ANY field sobriety test, including the eye test (these are NOT required by law)
Argue
Talk or make excuses

Please note that the refusal discussed above applies only to field sobriety tests. Breath tests fall under the doctrine of implied consent, and refusal may result in the suspension of your driver’s license.

What Can Affect My Performance on Field Sobriety Tests?

Even the National Highway Traffic Safety Administration (NHTSA) has admitted that sober persons can have difficulty with standardized field sobriety tests. As such, even if you submitted to field sobriety testing and “failed,” there may be ways to challenge the validity of the tests and your results.

Many variables can complicate this process and may be relevant in court as a DUI case moves forward. The health of the individual taking the test and any physical limitations may unfairly impact the findings.

Someone with knee and back issues, for instance, may find the activities requested by an officer -- such as walking a straight line -- difficult if not impossible to accomplish. A person's weight can also be an issue when taking a field sobriety test. Significantly overweight individuals may also have a difficult time or find the requested tasks physically impossible. This inability to perform may lead to a person being viewed as impaired or under the influence, and those test results may be offered as evidence in court.

Many different things can affect your ability to perform field sobriety tests, including:

Nervousness
Anxiety
Fear
Fatigue
Illness
Traffic
Wind
Dust in the eyes
Headlights
Strobes from the police car
Weather conditions
Physical problems
Inner ear disorder
Age
Weight
Footwear
Lack of coordination
Verbal distractions by the officer

A field sobriety test is subjective and not a scientific way of determining if someone is intoxicated or under the influence, yet failure of one part of the test can lead to an arrest. Anyone given a field sobriety test in Tennessee may benefit by gaining an understanding of any outside or personal factors that could have skewed the test results.

Wrongly Administered Field Sobriety Tests

The factors that may impact results can go beyond your physical limitations or challenges. The way in which the test is administered can also be challenged as it can lead to unfair or inaccurate results. The officer giving the test may not be properly trained in doing so and, therefore, not legally able to administer the test properly. The reason for being asked to perform the test may also be challenged, which could lead to the results being thrown out of court.

Our Experience & Knowledge Can Make a Difference

Our Nashville field sobriety test attorneys understand how prosecutors approach DUI cases. We understand the issues involved in building cases against those charged as well as how to work with the court and the prosecution in avoiding maximum sentences. When it comes to challenging field sobriety test results, we know what to look for in errors, procedural violations, and a host of other factors that can impact their accuracy.

To discuss your case and the legal options available to you, call (615) 265-6383 or contact us online. We serve clients in Nashville, Mount Juliet, Franklin, Brentwood, and across Tennessee.

Continue Reading Read Less

Our Clients Say It Best

Read Our Client Testimonials

At May McKinney, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"No Nonsense, Knowledgable & Organized"
Savannah was absolutely amazing! She made me feel at ease during a very stressful time, reassuring me every step of the way that my case was in good hands. Her confidence in achieving the best outcome was completely justified. I reached out frequently with questions and she or the team always responded promptly and thoroughly. On top of their exceptional service, their pricing was better than any other law firm I contacted. I would recommend May McKinney a thousand times over!

- Matthew C.
"You Made a Difficult Situation Endurable"
Thank you so very much for all you have done and are still doing. Thank you for being such a great attorney in our time of need. You made a difficult situation endurable.

- L.M.
""Do yourself a favor, make Rob your flavor.""
I was visiting friends in Nashville and sightseeing around the Titan stadium when about 8 officers drew their weapons on me from a good 100+ feet away, demanding that I freeze and put my hands in the air. My first response was to pull out my knife while i tried to gain focus on who and why this was happening. Is this a joke? Am i being robbed possibly? That was the thoughts racing through my mind. Apparently, someone had called and said someone with a backpack threatened to blow up the stadium, WOW! I understand these officers were doing their job but after they searched me and found I was innocent they still charged me with two counts of aggravated assault on a police officer and a few others for good measure. My lawyer Rob Mckinney knew i was being honest and meant no one harm, but I was really scared that it may turn out very differently due to the circumstances. He not only got my charges dismissed but my record expunged as well. I'm forever grateful and would recommend this legal team for anyone in need of a most stellar lawyer. Thanks again Rob and the rest of the team.

- Eric A
"Rob McKinney in an amazing attorney he will always be my first choice!"
I seriously can’t give this guy enough credit! I’ve made a few bad choices in my lifetime before I got it together and I’ve had rob mckinney represent me for most of it. No doubt at all that he’s the best man for the job. He’s got me the best possible outcome and always went above and beyond for me every step of the way. Rob is such a genuine person and truly cares! If you’re looking for a great lawyer look no further mr. McKinney is your guy!

- Josh woods
"No Nonsense, Willful & Determined"
My reputation is restored thanks to Ms. Riddle and May McKinney.

- Mark
"A Great Firm to work with!!"
Mr. McKinney assisted my daughter with two separate cases. Both were handled very professionally and had very positive outcomes. He was always helpful when meetings were held and assisted in making this extremely stressful time easier for her. I would recommend his firm to anyone who needs the assistance of very capable, professional, caring attorneys.

- L.R.
"You Were There For Us"
You are more to us than just a lawyer.

- J.B.
"Excellent Defense"
Excellent work great attorney definitely worth every star & every Pennie!!!!!

- Trent Johnson

Get In Touch Today

Schedule Your Free Strategy Session

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
What county is your case in?
Please enter your county.
Were you arrested?
Please enter your response.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from May McKinney at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Why Choose May McKinney?

A Firm Committed to You, Your Case & Your Future

Nearly 80 Years of Combined Experience
Our accomplished attorneys bring almost eight decades of combined criminal defense experience.
Educated In Our Field
Our team believes in ongoing training in the criminal defense field. Our attorneys are educated in the latest forensic science technology and Attorney Riddle is Trauma Certified.
A Team Approach
Our attorneys work each case as a unit, which is extremely beneficial to our clients. No matter the case size, it's integral to get the experience and knowledge of a team.
An Aggressive Defense
When you choose May McKinney, you are choosing a team that will fight tooth and nail for your rights, your freedom, and your future.