Whether you are drunk or not, officers in Tennessee may pull you over if they suspect you are driving your car under the influence of alcohol. When this happens, they may ask you to take part in specific tests designed to gather evidence for a DUI arrest. In some cases, they may even ask you to take part in chemical tests where they examine your breath or blood for traces of alcohol.
In Tennessee, knowing which of these tests you can refuse and what refusal leads to can help you make an informed choice in the moment. Understanding the difference between voluntary roadside tests and mandatory chemical tests can also help you protect your rights during a DUI stop.
Are field sobriety tests voluntary?
There are three standardized tests that officers in Tennessee use. The first test is the walk-and-turn, followed by the one-leg stand. The third test is the horizontal gaze nystagmus. Each of these tests helps officers determine whether or not to make an arrest for DUI by letting them measure your coordination, balance and mental ability.
However, the state does not require drivers to take part in these roadside coordination tests by law, which means you are free to refuse them. Despite this, refusal does not end the investigation. Officers can use other observations to decide whether to make an arrest, such as:
- Erratic driving patterns
- Smell or presence of alcohol in your vehicle
- Bloodshot eyes
- Slurring speech
- Statements you make and how you follow instructions
If an officer arrests you for DUI, they will ask you to take a chemical test. Unlike field sobriety tests, you consent to the chemical tests by default, and refusing to comply comes with legal penalties under the state’s implied consent law.
What can you do to avoid a DUI charge?
One of the best ways to avoid a DUI charge is to refrain from drinking before getting in a vehicle. However, an officer can still arrest you if they suspect you are driving under the influence of alcohol. While you can say no to field sobriety tests, officers can still document your refusal and rely on other facts to justify further action.
If the authorities pull you over, remain calm and be polite. Remember that you can refuse to take voluntary tests, and that you have the right to remain silent if they ask incriminating questions. Similarly, if an officer asks you to take part in a chemical test, it is important to comply to avoid facing license suspensions.
Facing a potential DUI can be emotionally exhausting, especially if you know you did not drink alcohol before driving. By following the law and knowing your rights, you may be able to strengthen your case and avoid a DUI charge if evidence shows that you are innocent.