Understanding Field Sobriety and Alcohol Tests in Tennessee

September 5, 2018

Hearing a police siren behind you is always nerve-wracking, especially if you’ve had a couple of drinks. Knowing your rights and understanding field sobriety and alcohol tests in Tennessee can significantly impact your chances of fighting DUI charges.

The Field Sobriety Test

Field sobriety tests (FST) are tools officers use to determine if a driver is impaired. The National Highway Transportation Safety Administration (NHTSA) approves three standard tests:

Walk and Turn
One-leg Stand
Horizontal Gaze Nystagmus

Under Tennessee law, you can, and often should, refuse to take the FST. Here’s why: field sobriety tests are inherently unreliable. Factors such as back problems, knee issues, uncomfortable footwear, poor lighting, uneven pavement, passing traffic, or even old age can affect the test results. Additionally, bad instructions from the officer or poor weather conditions can lead to unfair assessments. Refusing the FST means you avoid providing potentially misleading evidence.

Alcohol Tests

Unlike field sobriety tests, refusing certain alcohol tests can have legal consequences. In Tennessee, you are subject to the “Implied Consent Law,” meaning that by driving on the roads, you’ve preemptively agreed to submit to a breath test if requested by an arresting officer. Refusing this test can result in a one-year license suspension.

However, recent changes in U.S. and Tennessee law state that motorists are no longer presumed to have given consent for blood tests. An officer can only draw your blood if you provide a written waiver. Refusing a blood test does not carry the same legal penalties as refusing a breath test.

Challenging Alcohol Test Results

A DUI attorney can challenge the admissibility of alcohol test results. For instance, a breathalyzer test might be inadmissible if the stop was illegal, the machine wasn’t calibrated, or the officer didn’t administer the test correctly. While each case is unique, challenging blood test results is generally more difficult and costly than challenging breath test results.

Trust Knox Defense with Your Defense

If you’ve been charged with a DUI in Tennessee, particularly if you submitted to field sobriety or alcohol tests, it’s crucial to have a skilled DUI attorney review your case. Knox Defense can provide the legal support and representation you need to achieve the best possible outcome. Contact us today at (865) 269-9926 or complete our online form for a confidential consultation.