Being pulled over for a suspected DUI is a nerve-wracking experience, especially when an officer asks you to step out of the vehicle and perform roadside tests. Most drivers assume these tests are mandatory, and that refusing them will only make things worse. In reality, that belief is one of the most common misconceptions in DUI cases.
Field sobriety tests are designed to help officers decide whether they have enough cause to make an arrest, but they are not always reliable and are often misunderstood. More importantly, many drivers don’t realize that these tests are voluntary under Tennessee law, and that refusing them does not carry the same consequences as refusing a breath or blood test.
In this article, we’ll explain what field sobriety tests are, whether you’re legally required to take them during a Tennessee DUI stop, and what can happen if you refuse. We’ll also discuss how these decisions can affect a DUI case and why understanding your rights before you’re in this situation can make a critical difference.
What Are Field Sobriety Tests?
Field sobriety tests are a series of physical and mental exercises used by law enforcement during DUI stops to evaluate whether a driver may be impaired. In Tennessee, officers most commonly rely on standardized field sobriety tests developed by the National Highway Traffic Safety Administration.
The three tests typically used are:
- Horizontal Gaze Nystagmus (HGN): The officer asks the driver to follow an object, such as a pen or flashlight, with their eyes while keeping their head still. The officer looks for involuntary eye movements that may indicate alcohol consumption.
- Walk-and-Turn Test: The driver is instructed to walk heel-to-toe along a straight line, turn in a specific way, and walk back while following detailed instructions.
- One-Leg Stand Test: The driver must stand on one leg while counting aloud for a set period of time.
While these tests are presented as objective measures, they are not scientific tests of intoxication, and they are not designed to determine guilt. Their primary purpose is to help an officer decide whether there is probable cause to make a DUI arrest. Because the tests rely heavily on the officer’s subjective interpretation, they are frequently challenged in Tennessee DUI cases.
Are Field Sobriety Tests Mandatory in Tennessee?
No, field sobriety tests are not mandatory in Tennessee. Drivers are not legally required to perform field sobriety tests during a DUI stop, and refusing them does not, by itself, violate Tennessee law.
Unlike breath, blood, or urine tests (which fall under Tennessee’s implied consent law), field sobriety tests are considered voluntary roadside evaluations. That means a driver may politely decline to perform them without facing automatic penalties such as license suspension.
This distinction is critical. Many drivers confuse field sobriety tests with chemical tests, but the legal consequences are very different. Refusing a chemical test after a lawful DUI arrest can result in penalties, including license revocation. However, refusing field sobriety tests carries no separate statutory punishment in Tennessee.
That said, refusing field sobriety tests does not guarantee that an arrest will be avoided. An officer may still decide to make a DUI arrest based on other observations, such as the odor of alcohol, slurred speech, bloodshot eyes, or the manner of driving. However, by declining these tests, a driver avoids creating additional evidence that could later be used against them in court.
Should You Refuse a Field Sobriety Test?
Our attorneys generally recommend refusing field sobriety tests during a Tennessee DUI stop. These tests are designed to gather evidence for law enforcement, not to help the driver, and agreeing to perform them often gives an officer more material to use against you later.
Field sobriety tests are highly subjective. Even completely sober individuals can struggle due to nerves, fatigue, medical conditions, uneven pavement, poor weather, or unclear instructions. Despite this, officers are trained to look for “clues” of impairment, and those observations are typically written into the police report in a way that supports an arrest.
By refusing these tests, a driver avoids creating additional evidence that can be difficult to explain or challenge in court. There is no legal requirement to perform them, and there is no automatic penalty for politely declining. In many cases, refusing limits the prosecution’s ability to rely on shaky, opinion-based test results rather than objective proof.
That said, refusing field sobriety tests does not mean an officer cannot make an arrest. Law enforcement may still rely on other factors, such as driving behavior or physical observations. However, from a legal defense standpoint, it is often better to have a case built on fewer subjective observations than on a series of roadside exercises that are easily misinterpreted.
If a driver chooses to refuse, the best approach is to do so calmly and respectfully, without arguing or becoming confrontational. Simply state to the officer, “I would not like to do field sobriety tests.” How a refusal is handled can matter just as much as the refusal itself.
What Happens After Refusing a Field Sobriety Test?
Refusing a field sobriety test does not end a DUI investigation. Instead, it typically moves the encounter into the next phase of the stop. After a refusal, a law enforcement officer will rely on other observations to decide whether there is enough cause to make an arrest.
Officers may point to factors such as the reason for the traffic stop, driving behavior, the odor of alcohol, bloodshot or watery eyes, slurred speech, or statements made by the driver. Even without field sobriety test results, an officer can still arrest a driver for DUI if they believe probable cause exists.
If an arrest is made, the officer will then request a chemical test, such as a breath or blood test, to measure blood alcohol concentration. This is where Tennessee’s implied consent law applies. Unlike field sobriety tests, refusing a chemical test can result in legal consequences, including license suspension.
It’s also important to understand that a refusal of field sobriety tests may be noted in the police report and later referenced in court. However, refusal alone is not proof of impairment. In many cases, defense attorneys are able to challenge whether the officer truly had sufficient cause to proceed with an arrest without the benefit of standardized test results.
From a legal standpoint, what happens after a refusal often becomes a central issue in a DUI case. Whether the officer followed proper procedures, had adequate justification, and respected the driver’s rights can all significantly impact the outcome.
Legal Implications and Defense Strategies
Refusing a field sobriety test can have important legal implications in a Tennessee DUI case, but often in ways that benefit the defense. Because these tests are voluntary and inherently subjective, their absence can limit the prosecution’s ability to rely on opinion-based evidence to prove impairment.
One of the first issues a defense attorney will examine is whether law enforcement had sufficient probable cause to make a DUI arrest without field sobriety test results. If the arrest was based primarily on vague or generalized observations, such as “bloodshot eyes” or an “odor of alcohol”, those justifications can be challenged in court. Without standardized test “clues,” the state’s case may rest on weaker foundations.
Defense strategies may also focus on:
- Improper or unlawful stops, where the officer lacked a valid reason to initiate the traffic stop in the first place.
- Insufficient evidence of impairment, especially when no field sobriety tests were performed.
- Inconsistencies in the officer’s report, including exaggerated or conclusory statements that are not supported by objective facts.
- Violation of constitutional rights, such as improper detention or failure to follow required procedures.
When field sobriety tests are refused, the defense often has greater flexibility to challenge the officer’s conclusions and credibility. Rather than debating how well a driver balanced on the side of the road, the focus shifts to whether the state can actually meet its burden of proof beyond a reasonable doubt.
Call Barnes & Fersten For Dedicated DUI Defense
A DUI arrest can create immediate stress and uncertainty, especially when you’re worried about your driver’s license, your criminal record, or how the charge may affect your career. While the situation is serious, it’s important to remember: a charge is not the same as a conviction, and the steps you take early on can play a critical role in the outcome of your case.
At Barnes & Fersten, we focus on helping clients regain a sense of control during an overwhelming time. Our attorneys take a thorough, strategic approach to DUI defense—carefully reviewing the traffic stop, the investigation, and the evidence to identify weaknesses and protect our clients’ rights. We believe informed clients make better decisions, and we prioritize clear communication at every stage of the process.
If you are facing DUI charges in East Tennessee and are looking for experienced legal representation, Barnes & Fersten is ready to help. Contact our law firm today at 865-805-5703 or fill out our contact form to schedule a free & confidential consultation, and take the first step toward protecting your future.
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.
