What are the legal consequences of refusing DUI field sobriety tests in Tennessee?

Can You Refuse Field Sobriety Tests in Tennessee?

Yes, you can refuse field sobriety tests in Tennessee—and you probably should.Unlike chemical tests (breath, blood, or urine), which fall under Tennessee’s Implied Consent Law and can result in a separate criminal charge or license suspension if refused, field sobriety tests (FSTs) are voluntary. You are not legally required to perform them, and there are no automatic penalties—like license suspension—for saying no.

Why Would Anyone Refuse Field Sobriety Tests?

Because they’re designed for failure.

Tennessee officers routinely use the Standardized Field Sobriety Tests—such as the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand—to build probable cause for a DUI arrest. But here’s the truth:

• These tests are subjective.
  
• Many sober people fail them.
  
• They are performed on the side of the road, often at night, in stressful situations.
  
• Health conditions, fatigue, anxiety, and even footwear can skew results.
  

So, refusing FSTs may actually protect you from giving the officer more reasons to justify your arrest.

What Happens If You Refuse Field Sobriety Tests in Tennessee?

Here’s what you can expect:

• The officer may still arrest you based on other observations (slurred speech, odor of alcohol, erratic driving, etc.).
  
• Your refusal can be mentioned in court, but prosecutors must argue that you refused because you were impaired.
  
• However, there are no direct legal consequences—no points on your license, no automatic suspension, and no criminal penalty just for refusing.
  

In short: you can say “no,” and you should.

Is It Better to Refuse?

In most cases, yes. These tests are not required by law, and officers rarely mention that you have a right to refuse. At Nash Law PLLC, we routinely handle DUI cases where clients were arrested despite passing or not taking FSTs. The key takeaway?

Don’t help them build their case.If you’ve been arrested or investigated for DUI in Tennessee, don’t face it alone. The right defense starts with the right information—and the right team behind you. At 615-NASH-LAW, we know how to challenge field sobriety test results and protect your rights at every stage.

Call us now at 615-NASH-LAW (615-627-4529) or fill out our online form for your Free Strategy Session to see if we’re a good fit. We hold our client’s hand every step of the way.

We Help Great People Fight Their DUI Charges.©️