Dickson Attorney Handling Field Sobriety Tests
Contact us today if you have failed or refused a field sobriety test in Dickson
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Field sobriety tests are critical tools used by law enforcement to assess a driver's impairment during a DUI stop, but they are not without their flaws and challenges. At Waynick Law, we understand that these tests can be influenced by various factors, including improper administration and individual performance variability. It is important to be familiar with the types of field sobriety tests commonly used, their potential inaccuracies, and how these factors can impact your case. Knowing your rights and understanding these tests can make a significant difference in defending against DUI charges.
What are the types of field sobriety tests?
Law enforcement officers commonly use several types of field sobriety tests (FSTs) to evaluate whether a driver is under the influence of alcohol or drugs. The tests are designed to assess a driver's physical and cognitive abilities. Here’s an overview of the types used:
Standard Field Sobriety Tests (SFSTs)
These tests are standardized by the National Highway Traffic Safety Administration (NHTSA) and are widely recognized as the primary methods for assessing impairment. In Tennessee, they include:
- Horizontal Gaze Nystagmus (HGN) test: This test examines the involuntary jerking of the eyes as they follow a moving object, such as a pen or flashlight. Key signs of impairment include lack of smooth pursuit, distinct nystagmus at maximum deviation, and onset of nystagmus before reaching 45 degrees.
- Walk-and-Turn test: This divided-attention test requires the driver to walk heel-to-toe in a straight line, turn on one foot, and return in the same manner. Officers look for clues such as inability to maintain balance, incorrect number of steps, failure to walk heel-to-toe, and improper turning technique.
- One-Leg Stand test: The driver must stand on one leg while counting aloud until instructed to put the foot down. Signs of impairment include swaying, using arms for balance, hopping, and putting the foot down too early.
Additional Tests Used in Tennessee
While the SFSTs are the most common, officers in Tennessee might also use additional tests, though these are less standardized and can vary:
- Romberg balance test: The driver stands with feet together, tilts their head back, closes their eyes, and estimates the passage of 30 seconds. Impairment is suggested by difficulty maintaining balance or poor time estimation.
- Finger-to-nose test: The driver touches their nose with their index finger while closing their eyes. This test checks for coordination and balance, with impairment indicated by missed attempts or difficulty coordinating movements.
- Alphabet test: The driver is asked to recite the alphabet or sometimes to recite it backward. Impairment can be indicated by difficulty completing the task or slurred speech.
Understanding these tests and their potential limitations is important, as factors such as medical conditions, anxiety, or environmental conditions can affect performance. This knowledge can be crucial for building a defense against DUI charges.
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What can affect my performance on a Dickson field sobriety test?
Several factors can affect your performance on a field sobriety test in Nashville, potentially leading to inaccurate results that do not necessarily reflect impairment. These factors include:
Physical conditions
- Medical conditions: Certain medical issues, such as inner ear problems, neurological conditions, or musculoskeletal disorders, can impair your balance and coordination, leading to poor performance on tests like the Walk-and-Turn or One-Leg Stand.
- Injuries: Past or current injuries, particularly to the legs, back, or feet, can affect your ability to perform physical tasks required by the tests.
- Age: Older individuals may naturally have more difficulty with balance and coordination, which can be mistaken for impairment.
Environmental factors
- Weather conditions: Wet, icy, or uneven surfaces can make it difficult to maintain balance during the Walk-and-Turn or One-Leg Stand tests, affecting your performance.
- Lighting: Poor visibility or bright lights from oncoming traffic can affect your ability to perform tests accurately, especially those involving vision, like the Horizontal Gaze Nystagmus (HGN) test.
- Footwear: Wearing high heels, flip-flops, or other unstable footwear can make it challenging to walk heel-to-toe or stand on one leg, resulting in poor performance.
Psychological factors
- Nervousness: Being stopped by the police can be stressful and anxiety-inducing, which can impact your focus, balance, and coordination during the tests.
- Fatigue: If you are tired, your physical performance may suffer, making it difficult to complete the tests as required.
- Distracting Circumstances: The presence of flashing lights, loud noises, or the general stress of a traffic stop can all distract you and negatively affect your ability to perform well on these tests.
Officer instructions and test administration
- Incomplete or confusing instructions: If the officer fails to provide clear or complete instructions, you may perform the tests incorrectly, leading to a perceived failure.
- Improper test administration: If the tests are not administered correctly or under ideal conditions, the results may not accurately reflect your level of impairment.
Natural physical variations
- Coordination and balance: Some people naturally have poor balance or coordination, which can affect performance even if they are sober.
- Eye conditions: Conditions such as nystagmus or astigmatism can affect the results of the HGN test, leading to false indications of impairment.
These factors underscore the importance of understanding that field sobriety tests are not foolproof. If you believe that any of these factors affected your performance, ensure that you share this information with your defense attorney, who can use it to challenge the validity of the test results in your DUI case.
Can I refuse a field sobriety test in Dickson?
Yes, you can refuse a field sobriety test. Field sobriety tests are voluntary, and you are not legally required to participate in them. However, it's important to understand the implications of refusing these tests.
Under Tennessee law, field sobriety tests are not mandatory, meaning you have the legal right to decline them without facing immediate legal penalties. Unlike chemical tests—such as breath, blood, or urine tests—where refusal can lead to an automatic suspension of your driver's license under Tennessee's implied consent law, refusing a field sobriety test does not carry an automatic penalty.
That said, refusing a field sobriety test could influence how the officer perceives your behavior. The officer may view your refusal as a sign that you are trying to conceal impairment, which could lead to your arrest for DUI based on other factors, such as the smell of alcohol, slurred speech, or erratic driving. It's also worth noting that your refusal to take the test can be used against you in court as potential evidence of impairment, although field sobriety tests are often subjective and can be challenged in court.
It's crucial to consider the broader context when deciding whether to refuse a field sobriety test. If you are arrested, you will still be required to submit to a chemical test under Tennessee's implied consent law, and refusal of this test can result in more severe penalties, including an automatic license suspension. If you believe that factors other than alcohol or drugs could negatively affect your performance on a field sobriety test, refusing the test might prevent evidence that could be used against you later.
However, this decision should be made with caution. It is advisable to consult with a criminal defense attorney at Waynick Law as soon as possible if you are arrested so you can fully understand your rights and options. We are here to fight for you.
Do you have a Dickson field sobriety test defense attorney near me?
Waynick Law PLLC serves clients out of its office at 504 E. College Street, Dickson, TN 37055. We also have an office in Nashville. If you are unable to come to our offices, we can make arrangements to meet with you elsewhere.
Talk to our Dickson field sobriety test lawyer today
Don't risk your future by facing a DUI charge alone—take action now. Contact our relentless Dickson criminal defense attorney at Waynick Law, who will fight tirelessly to protect your rights, challenge the evidence, and work aggressively to get your charges reduced or dismissed. Your freedom and reputation are on the line—call today and secure the defense you deserve. To schedule a meeting with an experienced criminal defense attorney, simply call our offices or fill out our contact form.