Can You Refuse a Field Sobriety Test in Tennessee?

If you are stopped for suspected DUI in Tennessee, an officer may ask you to perform roadside field sobriety tests, such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test.

Field sobriety tests are different from a breath or blood test under Tennessee’s implied consent law. Tennessee’s implied consent statute addresses chemical testing; it does not impose the same license-revocation consequence simply for declining roadside field sobriety exercises.

Field sobriety tests are used by officers as part of deciding whether there is probable cause for a DUI arrest. They are not perfect measures of impairment. Medical conditions, age, footwear, uneven pavement, poor lighting, weather, nervousness, and the officer’s instructions can all affect how a person performs.

A refusal to perform field sobriety tests does not necessarily prevent an arrest. An officer may rely on other observations, including driving behavior, odor of alcohol, speech, balance, admissions, and video evidence.

If you have been charged with DUI, the traffic stop, the officer’s instructions, body-camera or dash-camera video, and the circumstances surrounding any field sobriety testing should be carefully reviewed. The legality of the stop and whether probable cause existed can be important issues in a DUI defense.

Legal Note: Tennessee cases recognize field sobriety performance as one factor in evaluating probable cause. See State v. Bell, 429 S.W.3d 524 (Tenn. 2014).

This article is for general informational purposes only and is not legal advice. Every case depends on its specific facts.