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.
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.
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""Expert care, unwavering support, and a team that truly fights for you—Savannah and her staff go above and beyond!""I cannot speak highly enough of Savannah and her incredible team. From the very start, she demonstrated expert care, attentiveness, and a true dedication to my case. Her professionalism and knowledge made the entire process smooth, and she took the time to ensure I understood every step along the way. What truly sets Savannah apart is her compassion and commitment. She and her staff were always responsive, thorough, and supportive, making me feel confident that my case was in the best hands. Their attention to detail and ability to navigate complex situations with ease made all the difference. I highly recommend Savannah and her team to anyone in need of expert legal representation. They not only fight for you but genuinely care about your well-being. Thank you for everything!- Josh
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"Best defense lawyer in the middle Tennessee area"So I was charged with schedule 2 simple poss and paraphernalia. His excellence got it dropped to a simple paraphernalia charge with unsupervised probation! It was a mandatory 30 days in jail to basically nothing but fines. Well worth every penny. If you need a lawyer call this guy immediately. He'll do everything he can with a smile to give you the best results possible. Thank God for Rob Mckinney!!!- Daniel Himes
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"Best criminal lawyer in Nashville."I have met with Mr. McKinney during a very difficult time. I was welcomed with open arms. Aside from being the best lawyer, he is a very caring person. He accomplished the impossible in my case. He worked relentlessly and brought my charges down from a serious felony to a misdemeanor. Which is unheard of from what I understand. I would have faced deportation but with his expertise and commitment to my case now I can become a citizen. Rob McKinney and his team gave me a second chance in life! For that I am forever grateful.- Pinar James
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"On more than one occasion, you treated me like kin. It meant more than you both will ever know."On more than one occasion, you treated me like kin. It meant more than you both will ever know.- Satisfied Client
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"It's a Comfort to Have You On My Side"
I just wanted to say thank you for everything you have been doing for me. It's comforting to know I've got you on my side. You're the BEST!!
P.S. — I really can't thank you enough.
- R. -
"Repeat offender facing time"When I got I hemmed up in Gallatin and caught two charges, I was told I was facing 180 days plus an extra 180-365 days serving time. I told my folks I was tired of taking chances with amateurs when It came to a legal defense lawyer. I initially called Frank Lannom's office, but they regrettably informed they did not practice in Sumner but they knew who did that was just as good and experienced. They gaveme the number to Mr. McKinneys office here. I called them up and Ms Savannah Edmonds met with me that day on a zoom meeting. I gave a very professional summarization of my charges , sentance they carried, as well as the exact figure they would charge. She even called me back to correct herself on something she said wrong. I thought that was exceptionally professional. Needless to say I knew May and McKinney were the lawyers I want defending me. It's easy to make back money. You can't get your time back. Anyway today was the first day of court with my Lawyer. And my first offer was "both charges dismissed" . Now you can't get much better than that. If you want to save money, take the amateurs and risk loosing your life, your name, your integrity or hire the professionals of May and McKinney and get results. Remember "you get what ya pay for" and with May and Mckinney it's well worth every penny !- Robert F.
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"The Only Choice for the Best Results"The case came during my senior year of college. It was the scariest moment of my entire life. I felt my career was over before it even started. I chose McKinney Law Firm because they are the Best of the Best. To have a prepared and knowledgeable defense, in a room where you feel guilty until proven innocent, is invaluable. Roger T. May's no non-sense approach was deliberate and strategic. The results of the case were better than I could have ever imagined. After the case was over, I went on to land a lucrative job, travel the world, and have had a very successful career. I truly believe McKinney Law Firm gave me a second chance at life. I am forever grateful for the team's care, urgency, persistence, and professionalism during a very difficult time. "Because I knew you, I have been changed for good." Thank you.- -Satisfied Client
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"Appreciative of Your Kindness"I feel very blessed and appreciative for your kindness.- Audrey
