Do You Have to Step Out of the Car for Field Sobriety Tests in Tennessee?

Introduction

It’s midnight on a Friday. You get pulled over for a burned-out license plate light. The officer walks up, asks for your paperwork, and leans in close to your window.

After a brief pause, the officer says: “I smell an odor of alcohol. Step out of the car. We’re going to do a few quick exercises to make sure you’re okay to drive.”

Your heart starts pounding. You know that performing coordination exercises on the side of a dark, sloped highway with emergency lights strobing in your eyes is a recipe for failure.

Can the officer legally force you to step out of the car? More importantly, do you legally have to perform Field Sobriety Tests (FSTs) in Tennessee?

Millions of drivers believe that complying with roadside tests is the only way to avoid going to jail. The reality of Tennessee DUI law will shock you.

The Short Answer

You must step out of the vehicle if the officer commands you to do so under Pennsylvania v. Mimms, but you are 100% legally permitted to REFUSE all roadside Field Sobriety Tests (FSTs) and portable breath tests.

In Tennessee, Standardized Field Sobriety Tests (the eye test, walk-and-turn, and one-leg stand) are entirely voluntary. Refusing roadside tests does not violate Tennessee’s Implied Consent Law, and it does not carry any automatic driver’s license suspension.

The Golden Rule

Understand the critical difference between the physical exit order and the voluntary roadside tests:

Comply physically with the order to step out of the vehicle, but politely and firmly REFUSE to perform any physical agility exercises, eye tests, or roadside breath tests.

Say this exact script:

“Officer, I am stepping out of the vehicle because you ordered me to, but on the advice of my attorney, I politely decline all voluntary field sobriety tests and roadside breath tests.”

The 3 Standardized Field Sobriety Tests (Designed for Failure)

The National Highway Traffic Safety Administration (NHTSA) developed three standardized tests that officers use to build probable cause for a DUI arrest:

1. Horizontal Gaze Nystagmus (HGN): The officer moves a pen or flashlight back and forth across your field of vision to look for involuntary jerking of the eyeball.
2. Walk-and-Turn (WAT): You are required to walk nine steps heel-to-toe along an imaginary straight line, turn around in a precise manner, and walk nine steps back while counting aloud.
3. One-Leg Stand (OLS): You must stand on one foot with the other foot raised six inches off the ground, look at your foot, and count out loud by thousands until told to stop.

Why These Tests Are a Trap:

These are not “safety checks”—they are divided attention physical tests designed to gather prosecution evidence.

• Officers score “clues” for minor physical deviations: starting too early, swaying slightly, raising your arms more than six inches for balance, or stepping off an invisible painted line.
• Weather conditions, uneven asphalt, gravel, flashing police lights, nervousness, fatigue, high heels, or past injuries can make a completely sober person fail.

Roadside Tests vs. The Station Test: Know the Difference

This is the single biggest point of confusion for Tennessee drivers:

• Roadside Field Sobriety Tests (Voluntary): Performed on the shoulder of the highway. Refusing them carries ZERO license penalties and ZERO statutory fines under state law.
• Roadside Portable Breath Tests / PBTs (Voluntary): Handheld plastic breath units used on the street are completely voluntary and their numeric results are generally inadmissible in Tennessee trials.
• The Official Station Breath/Blood Test (Mandatory under Implied Consent): The chemical test administered on the certified machine at the police precinct or hospital after a formal arrest. Refusing this official test triggers an automatic 18-month license revocation under T.C.A. § 55-10-406.

Why Refusing Roadside Tests Protects Your Defense

When you perform roadside field sobriety tests, you are willingly creating video evidence for the prosecutor.

• If you take the tests, the officer’s bodycam captures every stumble, nervous hesitation, or balance wobble. The officer will testify in court that you “failed.”
• If you politely refuse the tests, the prosecutor is left with zero physical test scores and no subjective scoring sheets to show the jury.

What NOT to Say

Avoid arguing about the tests roadside:

• ❌ “I’ll do the tests because I only had one beer with dinner.” (You just admitted to drinking).
• ❌ “I have bad knees and poor balance, so I’ll probably fail.” (Explaining why you will fail gives the officer evidence of physical limitation to use against you).
• ❌ “I can do this with my eyes closed!”

Just state clearly: “I politely decline all voluntary tests.”

Why This Matters

Field sobriety tests are designed to establish the probable cause necessary to lock handcuffs on you. If you refuse voluntary tests, officers have to base their arrest decision solely on driving observations and appearance. If the officer lacked sufficient probable cause without those test scores, an experienced DUI defense attorney can file a Motion to Suppress the Arrest, paving the way for reduced charges or a complete dismissal.

About the Author

David G. Ridings is a Nashville criminal defense attorney, former police officer, and former prosecutor with nearly 40 years of experience in the Tennessee justice system. Known as “DrJudge,” he educates hundreds of thousands about their rights during police encounters.

Call to Action

If you were arrested for DUI or pressured into field sobriety tests in Tennessee:
👉 Don’t talk. Call 1-888-DRJUDGE

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