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What Happens If You Refuse Field Sobriety Tests in Tennessee?
Introduction
You’ve been pulled over late at night. After asking for your driver’s license and registration, the officer leans into your window, looks you in the eye, and says: “I need you to step out of the car and perform a few quick agility tests for me.”
Your stomach drops. You know that performing acrobatic balance tests on the side of a uneven, unlit highway in front of flashing police lights is a setup for failure—even if you haven’t had a single drop of alcohol.
At the same time, you’re terrified that if you say no, the officer will instantly handcuff you and take away your driver’s license on the spot.
Most drivers submit to roadside field sobriety tests out of sheer fear and intimidation. But what actually happens if you politely decline? Will you lose your driver’s license? Let’s clear up the single biggest myth in Tennessee DUI law.
The Short Answer
In Tennessee, Standardized Field Sobriety Tests (FSTs) are 100% voluntary. You have an absolute legal right to refuse them, and there is zero driver’s license penalty for saying no.
Many drivers confuse roadside field sobriety tests with official station chemical tests (blood/breath) under Tennessee’s “Implied Consent” law. While refusing a station blood test can cost you your license, refusing roadside balance tests carries no statutory penalty.
The Golden Rule
If an officer asks you to step out of the car to do roadside tests (like walking a straight line, standing on one leg, or following a pen with your eyes), use this exact phrase:
“Officer, I know you are doing your job, but I am exercising my right to decline all voluntary roadside tests.”
The officer is under no legal duty to inform you that these tests are optional—they will present them as if they are mandatory. You have to stand up for your own rights.
The 3 Standardized Tests You Are Allowed to Refuse
When an officer conducts a DUI investigation, they typically rely on three physical tests developed by the National Highway Traffic Safety Administration (NHTSA):
- The Horizontal Gaze Nystagmus (HGN) Test: Following a pen, flashlight, or finger with your eyes while keeping your head still.
- The Walk-and-Turn Test: Taking 9 heel-to-toe steps along a real or imaginary line, turning around, and taking 9 steps back.
- The One-Leg Stand Test: Raising one foot six inches off the ground and counting out loud until told to stop.
In addition to these, officers often throw in non-standardized tricks like counting backward, touching your nose, or reciting the alphabet. All of them are voluntary.
Why Roadside Tests Are Designed for You to Fail
Why shouldn’t you just try your best to perform the tests to prove you’re sober? Because field sobriety tests are not objective medical examinations—they are subjective evidence-gathering exercises graded by an officer who already suspects you are impaired.
Even completely sober drivers routinely fail these tests due to:
- Physical & Environmental Factors: Uneven pavement, gravel, high-wind, glaring headlights, or uncomfortable shoes.
- Medical Conditions: Previous knee, back, or leg injuries, inner ear issues, overweight status, or simple anxiety.
- Subjective Officer Scoring: Officers look for tiny “clues” of failure—like starting the test a second before instructed, using your arms for balance by two inches, or swaying slightly.
By agreeing to perform field sobriety tests, you are willingly handing the prosecution video footage and “evidence” that they will use to convict you in court.
Will Refusing Field Sobriety Tests Get You Arrested?
It might—but here is the crucial reality: If an officer asks you to perform field sobriety tests, they have usually already made up their mind to arrest you.
They are simply using the tests to build a stronger case against you on bodycam.
If you take the tests and “fail,” you get arrested and the state gets video evidence of you stumbling. If you refuse the tests, you may still get arrested based on the officer’s initial observations (like slurred speech or smell of alcohol), but the state loses their primary video evidence of your supposed physical impairment. Which position would you rather your defense attorney fight from in court?
Do Not Confuse FSTs with Chemical Blood/Breath Tests
This is where thousands of drivers get tripped up:
- Field Sobriety Tests (Roadside): 100% voluntary. Refusing carries NO driver’s license suspension.
- Official Station Chemical Tests (Blood/Breath): Governed by Tennessee’s Implied Consent Law. Refusing after a lawful arrest will result in an automatic license revocation.
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 a DUI after taking or refusing field sobriety tests in Tennessee: 👉 Don’t talk. Call 1-888-DRJUDGE
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