Last month, I posted an article on "Have you been drinking tonight."The next question that DUI police officers ask is I want you to step outside of the car and do some tests. Should a citizen under suspicion of drinking and driving agree to do the field sobriety tests ? Your answer should be a polite no thank you. Here are a few reasons why you should say no thank you.

  • The field sobriety tests are one of the main building blocks of a DUI prosecution.
  • The field sobriety tests are patently unfair. They are used on all types of folks from 18 to 80. Weight and physical problems are not factored into the equation.
  • The original data from the studies which lead to the creation of the field sobriety tests have never been peer reviewed.
  • Under Tennessee law, the field sobriety tests are not scientific tests.
  • Under Tennessee law, a defense attorney cannot cross examine an officer using their training materials.
  • it is simply based on the police officer’s opinion.
  • The scoring is unfair. On the walk and turn test there are eight clues. if you have only two clues present, you fail.
  • The horizontal gaze and nystagmus  is inadmissible under current Tennessee law.
  • The Tennessee Supreme Court has ruled that even if you pass the field sobriety tests you can still be arrested for driving under the influence.

These are just the highlights of why you should saw no thank you when requested to do some field sobriety tests. as I was writing the post, I was reminded by a saying my father used to say. " I might cut my own throat but I am not going to supply the razor." Don’t supply the razor