What Happens if I Refuse to Participate in a Field Sobriety Test in Tennessee?

Before saying no to an officer during a roadside stop, understanding what can happen when you refuse to participate in a field sobriety test is crucial in protecting your rights and future. To learn more and secure skilled representation, read on and reach out to a Memphis DUI defense lawyer to set up your free case evaluation today.

Understanding Field Sobriety Tests

Field sobriety tests are assessments used by police officers and law enforcement to evaluate a driver’s level of sobriety or impairment. These tests can help assess an individual’s physical and cognitive abilities to determine how intoxicated a person is, if at all.

There are three standard types of field sobriety tests, called the horizontal gaze nystagmus, walk and turn, and one-leg stand. Each is designed to allow the officer to observe the driver’s physical and mental behavior to give them a better understanding of the individual’s intoxication level and control over their body and behavior. Information about these tests can be found on the NHTSA (National Highway Traffic Safety Administration) website.

What Happens if I Refuse to Participate in a Field Sobriety Test in TN?

Drivers in Tennessee have certain obligations, like operating their vehicle with reasonable care for others, obeying the rules of the road, and submitting to chemical testing for intoxication. Tennessee statutes implement what is known as an implied consent law. This means that all drivers operating a vehicle in the state implicitly consent to chemical testing of the breath, urine, or blood to determine whether they are intoxicated by drugs or alcohol while driving. But do these laws apply to field sobriety testing, too?

The good news is that refusing to participate in a field sobriety test is not illegal in Tennessee, and you will not incur legal penalties for doing so. Field sobriety tests are not included in the state’s implied consent law. However, that is not to say that there are no consequences of saying no to the officer.

What Are the Possible Repercussions?

Although refusing a field sobriety test will not lead to automatic criminal charges, it can have several natural consequences. For example, the officer may become more suspicious of your intoxication, meaning that they will investigate you more thoroughly and likely arrest you if there is probable cause of your impairment from other evidence.

If you are charged with a DUI, the prosecution could use the fact that you refused to submit to the test as evidence that you knew you were intoxicated and were trying to hide it. It is also possible that your refusal will impact your insurance premiums. Insurance companies may view this as an indication of high-risk behavior and increase rates.

Understanding when to participate in field sobriety tests and when to refuse is important and should depend on various factors unique to the situation, including your condition, physical health, environment, circumstances of the stop, and more. Work with a skilled attorney for legal representation during this time.