Nashville Attorney Handling Field Sobriety Tests
Failed or refused a field sobriety test in Nashville? We’re here to help.
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Navigating a DUI charge involving field sobriety tests (FSTs) requires a clear understanding of the legal landscape and effective defense strategies. At Waynick Law in Nashville, we recognize the critical importance of field sobriety tests in DUI cases. These tests, such as the horizontal gaze nystagmus, walk-and-turn, and one-leg stand, are often pivotal in determining a driver's impairment level. However, they are not infallible. There are many ways these tests can lead to false results. Whether questioning the test's validity, procedural errors, or pursuing alternative interpretations of the evidence, we are committed to fighting back against DUI charges. Talk to our team today to learn how our team of legal warriors can help you.
What are the types of field sobriety tests?
The three standardized field sobriety tests (SFSTs) law enforcement officers typically rely on to assess a driver's level of impairment during a traffic stop are:
Walk-and-turn
Drugs and alcohol can impair your physical and mental abilities. This test evaluates your ability to perform tasks that require both physical coordination and mental concentration in an effort to identify signs of impairment.
Officers conducting these tests instruct drivers to take nine heel-to-toe steps along a straight line, turn around in a specific manner, and take nine heel-to-toe steps back. While the driver does so, the officer looks for indicators of impairment, such as losing balance, stepping off the line, using arms for balance, or not following instructions correctly.
One-leg stand
This test assesses a person’s balance and ability to maintain a stable stance. If you’re under the influence, standing still on one leg can become more of a challenge.
Officers will ask a driver to raise one foot approximately six inches off the ground while keeping their arms at their sides and counting aloud by thousands (e.g., one thousand-one, one thousand-two) until they tell them to put the foot down. The officer observes for signs of impairment such as swaying, using arms for balance, hopping, or putting the foot down prematurely.
Horizontal gaze nystagmus (HGN) test
This test measures the involuntary jerking of the eyes as they follow a moving object. Alcohol and certain drugs can cause more obvious indications of nystagmus (involuntary eye movement).
Here, an officer will ask the driver to follow a stimulus, such as a pen or flashlight, with their eyes while keeping their head still. The officer observes the smoothness of the eye movement and looks for signs of jerking at maximum deviation or before the eye reaches a 45-degree angle.
Law enforcement officers use these tests as forms of objective criteria to assess a driver’s impairment level. However, various factors such as medical conditions, environmental conditions, and even nervousness can affect performance on these tests. As a result, there are cases of false positives. The potential weaknesses of these tests give us a chance to fight back against the government. At Waynick Law, our DUI defense attorney can help.
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What can affect my performance on a Nashville field sobriety test?
Several factors can affect your performance on a field sobriety test in Nashville. Some of the variables can potentially lead to inaccurate assessments of your impairment level. Here are some common factors that can influence the outcome of these tests:
Physical and medical conditions
Pre-existing injuries or physical disabilities can affect your balance, coordination, and ability to perform the tasks required in field sobriety tests. For instance, conditions such as vertigo, inner ear infections, or neurological disorders can impact your ability to maintain balance and follow instructions. Poor vision or eye conditions can affect your performance on the HGN test.
Environmental factors
Uneven, slippery, or sloped surfaces can make it difficult to perform balance-related tasks, such as the walk-and-turn and one-leg stand tests. Adverse weather conditions like rain, snow, or strong winds can affect your stability and overall performance on field sobriety tests. Poor lighting can also make it challenging to see and follow instructions accurately, impacting your ability to perform the tests correctly.
Psychological factors
Being stopped by the police and asked to perform field sobriety tests can cause significant stress and anxiety. For some individuals, this can affect their concentration and coordination. Lack of sleep or extreme fatigue can impair your physical and mental abilities, causing behaviors that may appear similar to if you were under the influence of alcohol or drugs.
Personal factors
Older individuals may have more difficulty with balance and coordination tasks, regardless of impairment. Overweight individuals may also find it harder to perform certain physical tasks required in the tests, leading to false indications of intoxication.
Testing conditions
If the officer does not provide clear instructions or a proper demonstration, you might misunderstand the tasks, leading to poor performance. An officer's preconceived notions or biases can also influence their interpretation of your performance on the tests.
Understanding these factors is vital when building a defense against DUI charges. A skilled Nashville DUI defense attorney can investigate the conditions under which the field sobriety tests were administered and identify any factors that may have affected your performance. Such information can help us fight the charges and undermine the validity of the test results in court.
Can I refuse a field sobriety test in Nashville?
Yes, you can refuse to take a field sobriety test in Nashville. Tennessee drivers are not legally obligated to submit to these tests, which are voluntary. You have the right to politely decline to participate in them. However, there are important considerations and potential consequences associated with such a refusal.
Refusing to take a field sobriety test can result in the officer relying on other evidence to determine probable cause for arrest, such as your behavior, speech, odor of alcohol, or other observations. An officer may still arrest you based on other evidence of impairment even if you refuse to take the field sobriety tests. Refusal itself can sometimes be interpreted as an indication of impairment. While Tennessee's implied consent law applies to chemical tests (e.g., breath, blood, or urine tests) but not to field sobriety tests, refusing a chemical test after being arrested for DUI can result in automatic license suspension and other penalties. However, this does not apply to field sobriety tests.
While refusal to take field sobriety tests can be used against you in court, it also means there won't be potentially flawed or inaccurate test results to challenge. Our DUI defense attorneys can argue that your refusal to take the field sobriety tests doesn’t necessarily indicate guilt, particularly if there were legitimate reasons for the refusal. For instance, medical conditions, weather conditions, or other factors might make you refuse to agree to these tests.
If you choose to refuse the tests, it’s important to do so politely and respectfully to avoid escalating the situation. You can say something like, "I respectfully decline to take any field sobriety tests." If you’re arrested, contact a Nashville criminal defense attorney as soon as possible. We can provide guidance on how to proceed and help protect your rights throughout the legal process.
While refusing the tests doesn’t guarantee that you’ll avoid arrest or charges, it can affect the evidence available in your case. Our experienced Nashville DUI defense attorney can help you navigate the complexities of the legal system and work towards the best possible outcome for you.
Do you have a Nashville field sobriety test defense attorney near me?
Waynick Law PLLC serves clients out of its office at 95 White Bridge Road, 5th Floor – Suite 512B, Nashville, TN 37205 and 504 E. College Street, Dickson, TN 37055. If you are unable to come to our offices, we can make arrangements to meet with you elsewhere.
Experienced representation with Nashville field sobriety tests
If you've been arrested for DUI in Nashville, you need a warrior who’s ready to offer unrelenting representation and advocacy. Don't wait—contact an experienced DUI defense attorney at Waynick Law today. With comprehensive knowledge of Tennessee DUI laws and a proven track record of defending clients, we’re dedicated to protecting your rights and achieving the best possible outcome. Reach out now to schedule a consultation and take the first step toward building a strong defense. Your future is too important to leave to chance—act now to secure the legal representation you deserve. To schedule a meeting with a skilled criminal defense attorney, simply call our offices or fill out our contact form.