Challenging Field Sobriety Tests in Tennessee DUI Cases

Field sobriety tests (FSTs) are a common tool used by law enforcement officers to determine whether a driver is impaired. However, these tests are not foolproof, and their results can sometimes be contested in court. If you’ve been charged with driving under the influence (DUI) in Tennessee, understanding the role of field sobriety tests and how they might be challenged is essential to building a strong defense.

What Are Field Sobriety Tests?

Field sobriety tests are standardized assessments used by police officers during traffic stops to evaluate a driver’s level of impairment. The most commonly used tests, as outlined by the National Highway Traffic Safety Administration (NHTSA), include:

1. Horizontal Gaze Nystagmus (HGN): This test checks for involuntary jerking of the eyes, which can be a sign of intoxication.
   

2. Walk-and-Turn (WAT): The driver is asked to walk in a straight line, heel-to-toe, turn, and return along the same line.
   

3. One-Leg Stand (OLS): The driver must stand on one leg while counting aloud for a set period.
   

While these tests are standardized, their accuracy is subject to various factors, and they are not always reliable indicators of impairment.

Factors That Can Affect Field Sobriety Test Results

Several factors can influence a person’s performance on field sobriety tests, regardless of whether they are impaired. These include:

• Medical Conditions: Inner ear disorders, neurological issues, or previous injuries can impact balance and coordination.
  

• Physical Fitness: Individuals who are older, overweight, or out of shape may struggle with the physical aspects of the tests.
  

• Environmental Conditions: Uneven pavement, poor lighting, or bad weather can make it difficult to perform the tests correctly.
  

• Officer Bias or Errors: The subjective nature of FST evaluations means that officers’ interpretations can vary and may be influenced by preconceived notions.
  

Additionally, nerves and stress during a traffic stop can impair even a sober person’s ability to perform these tests. Many people feel intimidated or anxious in the presence of law enforcement, which can affect their coordination and focus.

Are Field Sobriety Tests Mandatory in Tennessee?

In Tennessee, drivers are not legally required to perform field sobriety tests. Refusing to participate cannot be used as evidence against you in court. However, officers may use your refusal to justify further investigation, such as requesting a chemical test.

It’s also important to note that field sobriety tests are separate from implied consent laws, which require drivers to submit to chemical testing (breath, blood, or urine) after a lawful DUI arrest. Refusing a chemical test can result in penalties such as license suspension, even if you were not impaired.

How to Challenge Field Sobriety Test Evidence

If you’ve been charged with a DUI based on field sobriety test results, there are several ways to challenge their validity:

1. Questioning Test Conditions: Your attorney can argue that environmental factors, such as poor road conditions or inclement weather, affected your performance.
   

2. Highlighting Medical or Physical Limitations: If you have a documented medical condition or injury that could have impacted your ability to perform the tests, this can be used as a defense.
   

3. Pointing Out Officer Errors: Officers are required to administer FSTs according to specific protocols. Deviations from these standards can cast doubt on the reliability of the results.
   

4. Challenging Subjectivity: Since field sobriety tests rely on an officer’s interpretation, your attorney can question the officer’s training, experience, and potential bias.
   

5. Utilizing Expert Witnesses: A defense attorney may call on medical experts or field sobriety testing professionals to explain alternative reasons for the test results and highlight flaws in the officer’s conclusions.
   

Building a Strong Defense

Challenging field sobriety test evidence is just one aspect of a comprehensive DUI defense strategy. An experienced DUI attorney can:

• Review dashcam or bodycam footage to identify inconsistencies.
  

• Examine the officer’s training records and adherence to proper procedures.
  

• Investigate alternative explanations for your performance on the tests.
  

• Explore potential issues with the initial traffic stop that led to the FSTs.
  

Final Thoughts

Field sobriety tests are not always the definitive proof of impairment they’re often made out to be. By understanding the limitations of these tests and working with a knowledgeable attorney, you can challenge the evidence against you and pursue the best possible outcome for your case.

If you’ve been charged with a DUI in Tennessee, don’t face it alone. Contact my office to discuss your case and explore your options.