Do I Have to Answer Police Questions When I Get Pulled Over for a Traffic Violation

WKRN recently reported that Metro Nashville Police Department (MNPD) traffic stops have increased by 50% since last year. As local governments become more ardent in their efforts to curb dangerous driving practices, more Nashvillians stand to be pulled over by law enforcement during their daily commutes. Traffic stops can be stressful and intimidating for drivers of all ages, but knowing your rights can help to alleviate some of the anxiety and fear before, during and after an encounter with law enforcement.

If you live in Nashville or the surrounding areas, you deserve to know exactly what is expected of you during a traffic stop. Let’s explore the question of whether drivers are required to answer police officers’ questions during traffic stops and discuss how an experienced traffic violation lawyer can help you preserve your rights if you are charged with a violation.

Traffic stop requirements in Tennessee

Citizens’ rights and responsibilities often differ from state to state. Subsequently, it’s important for Nashville drivers to have a clear understanding of what exactly is expected of them under Tennessee law. Here’s a brief overview of what Nashville drivers should be prepared to do during a traffic stop:

Provide identification

Under Tennessee law, drivers are required to present certain documents upon the request of law enforcement. These documents include:

• Driver’s license
• Proof of insurance
• Vehicle registration

While drivers are broadly afforded the Constitutional right to remain silent, Tennessee state law requires that drivers identify themselves to police and present the documentation above at the behest of law enforcement. Refusing to comply with these requirements can lead to additional citations, violations and even criminal charges.

Drivers are required to have their licenses and other documentation on their person at all times when operating a vehicle, and failure to do so is considered a Class C misdemeanor under Tennessee law. Additionally, drivers who refuse to provide identification during a lawful traffic stop may be arrested and booked for failure to comply with licensing or registration laws.

For all of these reasons, the best course of action is generally to keep your documentation on you at all times and comply with any requests for identification made by law enforcement in order to avoid additional legal consequences.

Exit the vehicle if asked

Police officers have the legal authority to ask you to step out of the vehicle during a traffic stop. In Tennessee, this requirement is in place for the safety of police officers and failure to comply with this request can compound your legal situation. Currently, refusing to exit a vehicle as directed by law enforcement constitutes a Class C misdemeanor under state law. However, a bill was recently introduced in the state legislature to reclassify this offense as a Class B misdemeanor, which would result in more severe legal consequences for violators.

Do I have to answer an officer’s questions?

Beyond providing your license, registration and insurance, you are not legally obligated to answer additional questions. The Fifth Amendment to the United States Constitution protects individuals from being forced to incriminate themselves, which means you do not have to answer any questions during a traffic stop if you worry you could incriminate yourself by doing so. This right extends even to seemingly surface-level questions such as:

“Do you know why I pulled you over?”

“Have you been drinking?” 

“Where are you coming from?”

“Do you know how fast you were going?”

While these may seem like innocent or routine questions, they are often designed to gather evidence that could later be used against you in court or other proceedings. Subsequently, it is often in motorists’ best interests to remain silent apart from identifying themselves during a traffic stop until they’ve had the opportunity to consult with their attorney.

How to exercise your right to remain silent

Exercising your right to remain silent doesn’t mean being rude or confrontational. In fact, maintaining a respectful tone and calm demeanor can make a significant difference in how the situation unfolds. Remember, polite silence is often a safer bet than a hasty answer.

If you wish to remain silent, you might consider saying something like:

“I’m choosing to remain silent.”

“I respectfully decline to answer any questions without a lawyer present.”

“I am invoking my Fifth Amendment right to remain silent.”

Clearly invoke the right to remain silent rather than stonewall a police officer. Simply staying quiet without articulating that you are invoking your rights may result in misunderstandings or unnecessary escalations of an already tense situation.

Do I have to take a field sobriety or breathalyzer test?

As per Tennessee law, any person granted a driver’s license gives their implied consent to chemical tests related to substance use in the event of a traffic stop. This means that when you sign off on your driver’s license or drive on Tennessee roads, you automatically give the state permission to perform these tests any time a law enforcement officer has probable cause to suspect you of driving under the influence.

Tennessee’s implied consent doctrine, however, does not apply to field sobriety tests. This means drivers are legally permitted to refuse to perform these tests. However, if you refuse to perform a field sobriety test and the officer has probable cause to believe you are intoxicated based on your demeanor or other factors, they may request a chemical test. Refusal of these can result in consequences under implied consent laws. For instance, if you refuse an officer’s request to perform a breathalyzer test, the legal consequences may include:

• Revocation of drivers license for 1 year for a first offense
• Revocation of drivers license for 2 years for a second offense
• Revocation of drivers license for 2 years if crash resulted in bodily injury
• Revocation of drivers license for 5 years if crash resulted in a death

In lieu of license suspension, some drivers may be required to install an ignition interlock device on their vehicle that requires the driver to perform a breath test before a car will start. This requirement is generally dependent upon the driver’s prior criminal history and specifically stipulates that the driver in question may ONLY operate a vehicle with an interlock device.

It is important to note, however, that police officers are required to inform you of the potential legal consequences of refusing a breath test in order for those consequences to apply. That means if a police officer fails to tell you that refusal could lead to license suspension, the court cannot legally enforce that suspension.

What happens if you refuse to answer questions?

While choosing not to answer police questions during a traffic stop may make the interaction longer or more awkward, your refusal cannot be used as evidence of guilt in court. You’re fully within your rights to say as much or as little as you prefer, especially if you’re concerned about making incriminating statements.

If a traffic stop results in a traffic violation or arrest, you are still well within your rights to refuse to answer questions without a lawyer present. At the first possible opportunity, you should contact a trusted traffic violation lawyer to discuss next steps in your case. An experienced attorney like those at Waynick law can evaluate whether your traffic stop was conducted lawfully and assess for any potential violations of your rights. They can fight back against any citations or charges and, if necessary, represent you in court.

Contact a traffic violation lawyer who’s ready to fight for you

At Waynick Law, PLLC, we don’t do cases – we represent people. As traffic stops become more common in Nashville and the surrounding areas, we are prepared to help local drivers fight back against unfair traffic stops, civil rights violations and more.

Whether you’ve been issued a speeding ticket, accused of DUI or unlawfully questioned during a routine stop, we’re here to serve as your legal warriors, helping to protect your rights and your record. Give us a call to schedule a consultation with a member of our team, and let’s chat about how we can help you fight back and move forward.