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.
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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.
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"Appreciative of Your Kindness"I feel very blessed and appreciative for your kindness.- Audrey
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"Excellent Defense"Excellent work great attorney definitely worth every star & every Pennie!!!!!- Trent Johnson
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"Rob McKinney did an exceptional job! Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way!"Rob McKinney did an exceptional job! I was extremely worried about my case. Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way. I would recommend him to all of my closest friends and family. Karen and the entire staff are extremely helpful and I always felt that I was a priority. Thank you Mr. McKinney for helping to keep my future bright! I am so very thankful to you!- Very Satisfied Client
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"So grateful"Can't say enough good things about Rob and his team. I have used him on 2 or 3 occasions in different areas of law, He provided us with a caring , comforting atmosphere and explained all aspects of the steps necessary to achieve our desired outcome. Will highly recommend Mr. McKinney in whatever aspect of what the problem is . You will not regret it.- Donna Pearson
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"If your looking for a great lawyer, stop looking & hire these guys!"I can’t thank Rob Mckinney enough for all of his help with my case . I had never been in trouble before, & was very leery on paying for a lawyer, but from the moment I hired them, until my case was over, I never regretted my decision to have them represent me. Both Rob & Shyanne took every one of my phone calls, & answered every question that I ever could possibly come up. I was an emotional mess from the get go, and probably asked 1000 more questions than necessary, but they took the time to go through absolutely everything with me, and never made me feel like I was wasting their time or that I was inferior to them. Their knowledge, wisdom and guidance was so comforting & helped me with the stress of the legal process. My case took 2 years & 13 court appearances, so it was not an easy journey, but they made me feel at ease the entire time, & in the end, the charges were dropped. Thank you ! - Lisa F (aka super satisfied client)- Lisa F
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""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
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"He Changed My Life"He is the type of attorney who listens to your problem instead of not caring about what is going on just to get your money- Brianna
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"No Nonsense, Willful & Determined"My reputation is restored thanks to Ms. Riddle and May McKinney.- Mark
