If you are stopped on suspicion of DUI in the state of Tennessee, you may be asked to complete a field sobriety test. It’s important to remember that you are NOT legally obligated to perform ANY roadside sobriety tests. If an officer reads you the implied consent law and asks you to submit to a chemical test to determine your blood alcohol content, that’s another matter; before law enforcement officers can do that, though, they need probable cause to suspect you of driving under the influence. Roadside sobriety tests are one way for officers to obtain the probable cause needed to invoke the implied consent law or to arrest you for DUI.
One common roadside sobriety test is called the one-leg stand test. Although this test may sound simple, the officer will make it as complicated and confusing as possible, giving an inordinate amount of complex instructions meant to confuse you and throw your concentration off.
During the one-leg stand test, the officer will direct you to stand with your arms at your sides and your feet together. You will then be instructed to raise one foot approximately six inches off the ground, with the toes pointed forward and the bottom of the foot parallel to the ground. You will be told to keep your arms by your sides at all times and to watch your raised foot. You will be forced to maintain this position until the officer has seen enough.
Roadside sobriety tests are not accurate measures of intoxication. In fact, any number of completely sober drivers may have trouble maintaining their balance in this manner, particularly if they are elderly, overweight, wearing improper footwear or have medical problems or disabilities. Poor weather conditions also may impede one’s ability to successfully complete these tests.
If you have been charged with DUI in the state of Tennessee and complied with a roadside sobriety test, you should call the Garza Law Firm right away. Marcos Garza is an experienced DUI attorney who not only understands but has also taught the tactics employed by law enforcement officers, and he will sit with you for a free, no-obligation case consultation.
Pick up the phone and call the Garza Law Firm at (888) 680-7554, and ensure your rights are upheld in court.