Most people are not prepared for how quickly a routine traffic stop can turn into a DUI investigation.
One moment, the officer is asking for your license and registration. Next, you are being asked where you came from, whether you have been drinking, whether you will step out of the car, whether you will perform field sobriety tests, and whether the officer can search your vehicle.
That pressure causes people to make mistakes.
Our attorneys have reviewed countless DUI cases in Knoxville and across East Tennessee, and we see the same pattern again and again: people often hurt their case before they ever set foot in a courtroom. Not because they were trying to do anything wrong, but because they were trying to explain, cooperate, or prove their innocence on the side of the road.
But the roadside is not the courtroom. It is not where your case will be won. In many DUI cases, it is where the State starts building its evidence. Statements, explanations, field sobriety tests, consent to searches, body camera footage, and even your tone or demeanor can all become part of the case later.
During a Tennessee DUI stop, your goal is not to talk your way out of trouble or convince the officer that you are sober. Your goal is to stay calm, protect your rights, and avoid making the situation worse.
Here are five things you should never do during a DUI traffic stop in Tennessee.
1. Do Not Admit to Drinking or Say Anything Incriminating
One of the biggest misconceptions about a DUI stop is that honesty will automatically help you.
Many drivers believe that if they admit to “just one drink” or explain that they “only had a couple,” the officer will appreciate their honesty and let them go. But during a DUI investigation, those statements are not just casual conversation—they can become evidence. That means even a simple statement like “I had two beers” can matter.
It may sound harmless in the moment, but to an officer, that statement can help confirm that alcohol was involved. It may also lead to more questions, more observations, more testing, and more evidence in the report.
And it is not just direct admissions that can hurt you. Drivers often say things like:
“I shouldn’t have driven.”
“I shouldn’t have drank today.”
“I’m probably over the limit.”
“I was just trying to get home.”
“I only had a couple drinks.”
“I’m not drunk, I promise.”
Those statements may feel like explanations, apologies, or attempts to seem cooperative. But they can sound very different in a police report or courtroom.
The safer approach is simple: be polite, but do not volunteer incriminating information.
You can provide your license, registration, and insurance without answering questions about where you were, where you are going, whether you were drinking, how much you drank, or whether you feel okay to drive. There is a big difference between cooperating with the stop and helping build the case against yourself.
A calm response may sound like:
“Officer, I’m going to remain silent. I would prefer not to answer questions.”
Do not lie, do not argue, and do not try to talk your way out of the stop. Just understand that once a DUI investigation begins, your words can quickly become some of the most important evidence in the case.
2. Do Not Try to Explain Away Signs of Impairment
People think they can explain their way out of suspicion during a traffic stop. They believe that if they give the officer a reasonable explanation, the officer will understand and move on. Drivers may make statements such as:
“My eyes are red because I’m tired.”
“That smell is from my passenger.”
“I just left a bar, but I wasn’t drinking.”
“I’m on medication, but I’m fine.”
“I worked a double shift, so that’s why I seem off.”
The problem is that these explanations often do the opposite of what people intend.
Instead of making the officer less suspicious, they may confirm the very observations the officer is already investigating. Now the officer has a driver admitting to red eyes, an odor in the vehicle, medication use, fatigue, or coming from a place where alcohol may have been served. Even if your explanation is completely innocent, it can still become part of the DUI investigation.
For example, saying you are tired may sound harmless. But fatigue can affect speech, coordination, reaction time, and appearance. Saying you take medication may be true and legal, but it may lead to more questions about whether that medication affected your ability to drive. Saying you just left a bar may be innocent, but it can still give the officer more information to include in the police report.
In other words, you may think you are clearing things up. But in many cases, you may actually be giving the officer more facts to work with.
That is why you should be careful about trying to explain every observation on the roadside. A DUI stop is not a casual conversation, and it is not your chance to give a closing argument. It is an investigation.
The better approach is to stay calm, be respectful, and avoid volunteering information. You do not need to argue, you do not need to lie, and you do not need to provide a detailed explanation for every question or accusation. The more you explain, the more you risk creating statements that can be used against you later. Sometimes the most helpful thing you can say during a DUI stop is nothing at all.
3. Do Not Perform Field Sobriety Tests Without Understanding Your Rights
People often think field sobriety tests are their chance to prove they are sober. Unfortunately, that is usually not how it works.
Field sobriety tests are the roadside exercises officers often ask drivers to perform during a DUI investigation. These may include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test, where the officer watches your eyes.
Most people agree to do them because they think they have to. Or they believe that if they do well enough, the officer will let them leave.
But in Tennessee, field sobriety tests are voluntary roadside tests. They are not the same thing as breath or blood testing under Tennessee’s implied consent law. Tennessee’s implied consent statute deals with breath and blood tests used to determine alcohol or drug content, and refusing those chemical tests can lead to license consequences after proper advisement.
Field sobriety tests are different from blood and breath tests, and that distinction matters. If an officer asks you to step out of the vehicle and perform field sobriety tests, those tests are not being done for your benefit. They are being used to gather evidence.
The officer may be watching:
- Whether you follow instructions correctly.
- Whether you start too soon.
- Whether you lose your balance.
- Whether you use your arms for support.
- Whether you step off the line.
- Whether you put your foot down.
- Whether your eyes show signs the officer associates with impairment.
And in many cases, the entire interaction is being recorded on body camera or dash camera.
That means even if you think you did fine, the officer may still describe your performance as showing “clues” of impairment. A nervous, tired, injured, overweight, older, or medically limited person may have trouble with these tests even if they are not impaired.
You should also understand this: refusing field sobriety tests does not mean the officer cannot arrest you. The officer may still rely on other observations, such as driving behavior, odor, speech, eyes, statements, or other facts from the stop. But politely declining field sobriety tests may limit the amount of additional evidence created on the roadside.
A calm response may sound like:
“Officer, I respectfully decline field sobriety tests.”
Then stop talking. Do not argue, do not debate whether the tests are fair, and do not try to explain why you would pass or fail them. Just be clear, polite, and calm.
Field sobriety tests are not a roadside audition to prove your innocence. They are evidence-gathering tools. And before you agree to perform them, you should understand that they are generally voluntary in Tennessee and can easily become part of the case against you.
4. Do Not Consent to a Search of Your Vehicle
Here is another misconception that gets people into trouble:
They believe that if they have “nothing to hide,” consenting to a search will make the situation better.
That is usually not how it works.
During a DUI stop, an officer may ask something like:
“Do you mind if I take a look inside your car?”
“You don’t have anything illegal in the vehicle, do you?”
“Mind if I search real quick?”
“If you have nothing to hide, this should not be a problem.”
In that moment, many people feel pressure to say yes. They think refusing will make them look guilty, difficult, or uncooperative. But if the officer is asking for your consent, your answer matters.
Consent can turn a questionable search into a much harder issue to challenge later. Under Fourth Amendment law, voluntary consent is one recognized basis for a warrantless search, and courts look at the totality of the circumstances when deciding whether consent was voluntary.
That is why “I was just trying to cooperate” can become a problem.
You may think you are helping yourself by saying yes. But if anything is found—alcohol containers, marijuana, prescription medication, pills, paraphernalia, or anything else the officer believes is suspicious—that search may become a major part of the case.
And even if nothing is found, the search can extend the encounter, increase tension, and create more opportunities for statements, observations, and evidence.
The better response is calm and simple:
“Officer, I do not consent to any searches.”
Then stop talking. Do not argue, do not physically resist, and do not interfere with the officer. Just make your position clear.
There is a big difference between refusing consent and resisting. Refusing consent means you are calmly protecting your rights. Resisting means you are escalating the situation, and that can make things worse quickly.
During a DUI stop, consenting to a search is not likely to make the officer forget about the investigation. It is also not likely to make the stop end faster, and it is not likely to make your situation better.
If the officer is asking for permission, the safest answer is usually clear, respectful, and firm:
“I do not consent to any searches.”
5. Do Not Argue or Try to Win the DUI Stop on the Roadside
Here is the final misconception:
People think the side of the road is the place to prove the officer wrong. It is absolutely not.
During a DUI stop, it can be frustrating to feel accused, judged, or misunderstood. You may believe the officer had no reason to pull you over. You may think the officer is misreading your behavior. You may feel like the questions are unfair or that the investigation is going too far.
But arguing about it on the roadside is almost never going to help.
Saying things like:
“You had no right to stop me.”
“I know the law.”
“This is illegal.”
“You’re making a mistake.”
“You’re going to regret this.”
“I pay your salary.”
.. may feel satisfying in the moment, but it can make the situation worse quickly.
First, the officer is probably not going to end the investigation because you argued well. Second, your tone, attitude, body language, and words may be recorded on body camera or dash camera. Third, what feels like standing up for yourself in the moment may later be described in a report as hostile, combative, aggressive, belligerent, or uncooperative. That can hurt you.
The roadside is not the courtroom. It is not the place to debate probable cause, challenge the officer’s training, argue about constitutional law, or try to talk your way out of an arrest. But that does not mean you have to give up your rights.
You can be calm and still protect yourself. You can be respectful and still decline to answer questions. You can be polite and still refuse field sobriety tests. You can cooperate with basic instructions without consenting to searches or volunteering incriminating information.
The better approach is simple:
Stay calm. Keep your hands visible. Do not raise your voice. Do not insult the officer. Do not physically resist. Do not make threats. Do not try to win the argument on the side of the road.
If you believe the stop was illegal, the arrest was improper, the search was unconstitutional, or the officer violated your rights, those are issues for your attorney to raise later.
A calm response may sound like:
“Officer, I’m going to remain silent. I would like to speak with a lawyer.”
Then stop talking.
Your goal during a DUI stop is not to convince the officer that you are right. Your goal is to avoid making the situation worse, protect your rights, and let your lawyer fight the case in court.
What You Should Do During a DUI Traffic Stop
Knowing what not to do during a DUI stop is important. But it also helps to know what a safer approach looks like.
The goal is not to be rude, difficult, or combative. The goal is to stay calm, protect your rights, and avoid giving the officer more evidence than necessary.
First, pull over safely as soon as you can. Use your turn signal, slow down, and stop in a safe location. Once stopped, keep your hands visible and wait for the officer to approach. Avoid sudden movements, especially reaching into the glove box, center console, pockets, or under the seat without explaining what you are doing.
When the officer asks for your license, registration, and proof of insurance, provide them. It is recommended to have these documents ready and easily accessible in your vehicle. Always make sure your tags, license, and insurance are current—setting reminders on your calendar can help ensure these important documents are up-to-date.
Be polite and respectful. You do not need to argue, raise your voice, or explain why you think you should not have been stopped, but being polite does not mean you have to answer every question.
If the officer asks where you are coming from, where you are going, whether you have been drinking, how much you had to drink, whether you take medication, or whether you feel okay to drive, understand that your answers may become evidence.
A calm response may be:
“Officer, I’m going to remain silent. I would prefer not to answer questions.”
If the officer asks you to perform field sobriety tests, you can politely decline:
“Officer, I respectfully decline field sobriety tests.”
If the officer asks to search your vehicle, you can clearly state:
“Officer, I do not consent to any searches.”
After that, stop talking. Do not debate. Do not try to explain your decision. Do not physically resist. If the officer proceeds anyway, let your attorney address the legality of the stop, search, arrest, or testing later.
The most important thing is to remain calm and avoid making the situation worse. A DUI stop can move quickly, and the decisions you make on the roadside may affect what evidence the State has against you later.
If you were arrested after a DUI traffic stop in Knoxville or East Tennessee, the details matter. What the officer saw, what questions were asked, what you said, whether you performed field sobriety tests, and whether you consented to a search may all become important parts of your defense.
Talk to a Knoxville DUI Defense Attorney Today
The traffic stop is often where a DUI case begins—and where important defense issues may be found. The officer’s reason for the stop, the questions asked, your statements, field sobriety tests, vehicle searches, body camera footage, and chemical testing can all affect the strength of the State’s case.
That is why it is important not to assume the police report tells the whole story. An experienced DUI defense attorney can look beyond the report, review the evidence, and determine whether the stop, investigation, arrest, search, or testing may be challenged.
At Barnes & Fersten, our DUI attorneys know how to review the details of a traffic stop and identify issues that may matter in your defense. If you are facing a DUI charge in Tennessee, reach out to our law firm today by calling 865-805-5703 or filling out our contact form to schedule a consultation and discuss your options.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
