The materials in our web page are for the general education and knowledge and do not constitute legal advice or create an attorney-client relationship.  Litigation can be complex and the law ever-changing, and it varies from jurisdiction to jurisdiction.  If you have an individual legal problem or question, you should seek a legal opinion that takes into account the applicable law and your particular circumstances.

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 Ed Ryan Attorney at law defends Tennessee Driving Under the Influence and Tennessee Boating Under the Influence charges, as well as other Personal Injury and Criminal Defense cases, across the State of Tennessee.  Ed Ryan serves the following cities and counties, including but not limited to: Davidson, Rutherford, Williamson, Wilson, Sumner, Robertson, Cheatam and all other counties in Tennessee. •

Ed Ryan

Attorney At Law

(615) 256.7337

NASHVILLE, TN DUI / DWI DEFENSE LAWYER

214 2nd Ave. N., Suite 400 Nashville, Tennessee 37201

Nashville TN DUI Attorney

Field Sobriety Tests

What should I do if asked to take the field sobriety test?

There is no legal requirement to take any field sobriety tests and as such, you should never take them. These are subjective tests that are only 65% - 77% correct when administered in perfect conditions, administered exactly as designed and evaluated impartially.

The officer already thinks you are impaired – why else would they request you take the test? An officer who already is biased against you is the one who will be grading your performance. In America you do not have to prove your innocence, it is the duty of the State and the police to prove you are guilty. You have no obligation to do his job or help at this point.

The best response is to ask the officer “Am I required to take these tests?” The honest answer is no. Any other answer could leave a jury with the impression the officer is deceptive. At this point tell the officer that you would like to talk to an attorney before deciding what to do.

The officer most likely will refuse your request but there is a huge difference between refusing to take the tests and asking to talk to an attorney before making your decision. Please Note the refusal discussed above applies only to field sobriety tests. Refusal to take a breath/blood test is a different matter with different law.

     DO

   * Be polite - be quiet

   * Show license and insurance

   * Ask "Am I free to go?"

   * If so - leave. If not - BE QUIET

   * Sign ticket and property receipt ONLY

   * If you consent to a breath/blood test, IMMEDIATELY request a second independent test - that is your right

      DON'T

   * Admit to drinking!

   * Perform ANY field sobriety test, including the eye test (these are NOT required by law)

   * Argue

   * Talk or make excuses

What can affect my performance on the field sobriety tests besides alcohol?

The National Highway Traffic Safety Administration has admitted that sober persons can have difficulty with these tests! Many different things can affect your ability to perform the tests including the following:

   * Nervousness

   * Scared

   * Fatigue

   * Illness

   * Traffic

   * Wind

   * Dust in the eyes

   * Headlights

   * Strobes from the police car

   * Weather conditions

   * Physical problems

   * Inner ear disorder

   * Age

   * Weight

   * Footwear

   * Lack of coordination

   * Verbal distractions by the officer

DUI Defense Lawyer in Nashville TN

Our Experience and Knowledge Makes a Difference

As a former Davidson county prosecutor Tennessee DUI attorney Ed Ryan understands how prosecutors approach minor DUI cases. We understand the issues involved in building cases against those charged as well as how to work with the court and the prosecution in avoiding maximum sentences.

To discuss your case and the legal options available to you, contact underage DWI defense attorney Ed Ryan.