A field sobriety test is a test that a police officer administers when they pull you over if they believe that you have been drinking or might be under the influence of a substance. The term field sobriety test includes both performative tests, such as having to recite the alphabet or stand on one leg, and blood alcohol tests that analyze your breath to see how much you have been drinking.
If you fail a field sobriety test, the officer will arrest you for driving under the influence and take you back to the police station. It is important that you understand what your rights are and how to handle these types of situations. If you have questions about your case, call our office to schedule an appointment.
Can I Refuse a Field Sobriety Test?
It is a common misconception that you are not able to refuse a field sobriety test. But in fact, in the state of Tennessee, you have the right to refuse a field sobriety test, and doing so does not mean that you are automatically arrested or deemed to have failed as it does in some other states. If you refuse a sobriety test in the field, the office can require that you submit to a blood test at a medical facility. If you refuse to do so, your driver’s license is forfeited.
What Happens If I Fail a Field Sobriety Test?
If you fail a field sobriety test, you are likely to be arrested and charged with driving under the influence. The officer will take you back to the police station to be formally charged. As soon as you are arrested, it’s important to speak with a DUI attorney as quickly as possible — ideally within 24 hours. An attorney can advise you of your rights and provide counsel so that you do not inadvertently make the situation worse for yourself.
What Does a DUI Lawyer Do?
A DUI lawyer represents those who have been charged with driving under the influence. These attorneys can help you understand your charges, and they know what to look for to see where the holes are in your traffic stop and arrest to identify your defense options. They are also experienced at negotiating with prosecutors and may be able to help you get your charges reduced.
If you have refused a field sobriety test or been charged with a DUI, contact our law office at 931-236-2711. Our firm offers free consultations where you can discuss your case with an attorney and get a better understanding of how we can help and what we offer.