How to refuse a sobriety test on the street

You’re driving down the road when suddenly, you get pulled over and a cop asks you to get out of the vehicle and “Stand right here with your arms to your sides and follow my finger…” 

What you decide to do IN THIS MOMENT can make all the difference in whether you see jail time, lose your license, get hit with steep fines, or walk away from this scenario with as little fuss as possible. 

As a criminal defense lawyer who proudly represents the criminally accused in Eastern Tennessee, I have see this scenario play out over and over again. Any lawyer worth their salt will advise you to never take a sobriety test or blow into a dopey breathalizer machine. Here’s why.

First, What is a Field Sobriety Test?

Field Sobriety Tests are groups of three tests used by police to determine if a driver is impaired.

You may be more familiar with the hand-held breathalyzer machine that determines your blood-alcohol levels when you blow into it. (For the record you should also NOT BLOW INTO THAT DOPEY LITTLE BREATHALYZER EITHER.)

But when people refer to the “field sobriety test”, they are mainly referring to a battery of three physical tests: the horizontal gaze nystagmus, walk-and-turn test, and the one-leg stand test. 

The horizontal gaze nystagmus (The HGN) 

According to the US Department of Transportation, “The officer instructs the suspect to follow (with his eyes) a stimulus to the left and to the right. The officer notes the angle at which the pupil starts to exhibit “nystagmus” (involuntary jerking of the eye). Early onset of nystagmus prior to or at a 45-degree angle is a clue associated with a high blood alcohol concentration.” 

The walk-and-turn test

According to the US Department of Transportation, “The suspect is ordered to take nine heel-to-toe steps along a straight line.2 After taking nine heel-to-toe steps, the suspect is then directed to turn on one foot and return in the same exact manner in the opposite direction.3

Law enforcement officials look for eight indicators of impairment when administering the test:

1. If the suspect cannot keep his or her balance during instructions,

2. Starts too soon,

3. Stops while walking,

4. Doesn’t touch heel-to-toe,

5. Steps off the line,

6. Uses arms to balance,

7. Performs improper turn or turns incorrectly, or

8. Takes an incorrect amount of steps.”

The one-leg stand test

According to the US Department of Transportation, officers instruct the suspect to stand with one foot approximately six inches off the ground and count aloud by thousands (one-thousand-one, one thousand-two, etc.) until told to put the foot down (which should happen after 30 seconds).1

The suspect is further instructed to keep his eyes on the elevated foot and keep his arms by his sides while performing the test.2 If the suspect

• sways,

• uses his arms to balance,

• hops, and/or

• puts his foot down,

then he may be suspected of having a high blood alcohol concentration.3

Why Refuse a Field Sobriety Test?

Many people wonder, “Will I automatically get in trouble and look like I’m hiding something if I refuse the field sobriety test?”, “Shouldn’t I just go along with what the cops want so I look like I’m cooperating?” 

Here’s the thing: you should never take a field sobriety test. Always respectfully decline. Here are a few reasons why: 

1. Field sobriety tests accuracy issues are rampant; these tests can be difficult to pass even if you’re completely sober. 

2. YOU ARE LITERALLY GIVING THE COPS EVIDENCE that they can use AGAINST you. 

3. If you take the sobriety test and the breathalyzer, you are more likely to be found guilty of a DUI. 

If you refuse, on the other hand, it is far more difficult for the prosecution to prove its case against you.

4. Refusing a field sobriety test does not break implied consent laws

Under Tennessee DUI laws, any person who operates any vehicle on public or private property is presumed to have already given consent for a chemical test. But this does not include the field sobriety test.  

Refusing a breathalyzer is also not a criminal offense. Remember: DON’T GIVE THEM EVIDENCE THEY CAN USE AGAINST YOU. 

How to Refuse a Field Sobriety Test on the Street 

Here is exactly how to behave and what to say when you are respectfully refusing a field sobriety test. 

1. REMAIN CALM. 

Remember: you are probably on camera. Getting all mad and huffy puffy will be used against you and will make things more difficult for you. 

1. Ask, “are you about to administer a sobriety test?” and then respectfully decline. 

When you ask, they will say yes. At which point, you will say, “I politely do not consent to this test and ask that you stop.” 

1. Ask for your lawyer. 

Now, you will almost certainly get arrested and they will want you to take a BAC test at the station.

You do not have to take ANY test without first consulting with your lawyer. 

Always consult with an attorney regarding the actions to take in any situation where you have been detained by a police officer. Don’t let them pressure you into anything without your lawyer present. Give us a call first. 

Even if they arrest you, congratulations, you gave them nothing. 

Whether or not you decide to refuse the test, it’s important to have the right defense lawyer to minimize or erase any potential charges. 

The right attorney can make all the difference in eliminating and/or lowering fines, jail time, and license suspension, so choose wisely. 

TO RECAP: if you get pulled over: 

• Shut up 

• Stay calm 

• Don’t blow 

• Refuse the tests 

• Make sure you have the right defense attorney. 

If you find yourself in this situation, be sure to contact a defense attorney with a wealth of experience handling DUI cases in Knoxville Tennessee and beyond. Contact us today to make sure you get the right representation.