Can You Refuse a Field Sobriety Test in Tennessee? (Here’s What Happens If You Do)

Introduction

If you’re pulled over and an officer asks you to step out of the car to perform field sobriety tests, what do you do?

Most people assume they have no choice.

That’s not entirely true.

Understanding your rights in that moment can make a significant difference in your case.

The Short Answer

Yes — you can refuse to perform field sobriety tests in Tennessee.

Field sobriety tests are voluntary.

That means you are not legally required to perform:

• the walk-and-turn
• the one-leg stand
• the horizontal gaze nystagmus (eye test)

Why Officers Ask You to Perform These Tests

Field sobriety tests are designed to:

• gather evidence
• observe coordination and balance
• build probable cause for arrest

They are not designed to “help you pass.”

The Problem With Field Sobriety Tests

These tests can be affected by many factors unrelated to alcohol or drugs:

• fatigue
• nerves
• medical conditions
• uneven surfaces
• poor lighting

Even completely sober individuals can struggle with these tests.

What Happens If You Refuse?

If you refuse field sobriety tests:

• the officer may still arrest you
• the officer will rely on other observations
• the case may proceed without that test evidence

There is no separate license penalty for refusing field sobriety tests.

That’s different from chemical testing.

Important Distinction: Breath or Blood Tests

This is where people get confused.

Chemical testing (breath or blood) falls under
implied consent law

Refusing those tests can lead to:

• license suspension
• additional legal consequences

Field sobriety tests do NOT carry those same automatic penalties.

What You Should Do During a DUI Stop

Keep it simple.

1. Provide:
   • license
   • registration
   • insurance
2. If asked to perform field sobriety tests, you can decline
3. Say:

“I don’t answer questions.”

Then stop talking.

What NOT to Do

Avoid:

• trying to “prove you’re sober”
• over-explaining
• volunteering information

These actions often make the situation worse.

Why This Matters in Nashville

In Nashville and throughout Davidson County, Tennessee, DUI stops are common — especially at night and on weekends.

Field sobriety tests are one of the primary tools officers use to build DUI cases.

Knowing your rights during that moment matters.

The Bottom Line

• Field sobriety tests are voluntary
• You can refuse them
• There is no automatic penalty for refusing
• Your words and actions still matter

Your safest move:

“I don’t answer questions.”

About the Author

David G. Ridings is a Nashville criminal defense attorney with almost 30 years of criminal defense experience and nearly 40 years on every side of the criminal justice system.

He is a former Metro Nashville Police Officer, former prosecutor, and has served as a Night Court Judicial Magistrate since 2023.

Known online as DrJudge, he has educated hundreds of thousands of people about their rights during police encounters — and has literally written the book on the subject, “I Don’t Answer Questions.”

Call to Action

If you’ve been charged with DUI or stopped by police:

👉 Don’t talk. Call 1-888-DRJUDGE

What you do on the roadside can shape your entire case.