Can I Be Arrested for DUI After Passing a Field Sobriety Test?
You aced the walk, touched your nose, and followed the pen with your eyes. The officer seemed neutral, maybe even impressed, but then came the cuffs. If you passed the field sobriety, why were you still arrested for DUI?
The answer lies in how DUI investigations work.
Field sobriety tests are one tool in an officer’s arsenal, and their results aren’t the final word. These tests are often subjective and can be interpreted differently from one officer to another.
According to the National Highway Traffic Safety Administration, even under ideal conditions, field tests can yield false positives or unclear results. So yes, you can be arrested for DUI even after performing well on the side of the road.
You passed the test, so why were you arrested?
Even if you perform well physically, an officer may still believe you’re impaired based on other observations.
Slurred speech, bloodshot eyes, the smell of alcohol, nervous behavior, or inconsistent answers can all raise suspicion. If you admitted to drinking, that alone might influence the officer’s decision. Field sobriety tests are also subjective, so what felt like a “pass” to you may have looked like a fail to the person holding the flashlight. And once the officer believes there’s probable cause, they can make the arrest and follow up with chemical testing, which often carries more weight in court.
What field sobriety tests measure
Field sobriety tests measure your balance, coordination, and ability to follow instructions, which are all common areas affected by alcohol or drug use.
The three standard field sobriety tests are the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus. These are intended to reveal subtle physical signs of impairment. However, a number of things can affect your performance, including anxiety, uneven ground, bad weather, or physical conditions like vertigo or flat feet. These tests are subjective and often rely on the officer’s interpretation, not a hard pass or fail score.
Why officers might still suspect impairment
Officers may still suspect impairment if they notice signs like slurred speech, bloodshot eyes, alcohol odor, or erratic driving behavior.
Even a textbook-perfect field test performance does not erase what the officer saw before the stop. If you swerved, fumbled your paperwork, or admitted to drinking earlier in the evening, the officer can form a reasonable belief that you are impaired. Probable cause does not require definitive proof but must be supported by facts and observations sufficient to lead a reasonable officer to believe that a DUI offense has been committed.
Breath, blood, and urine tests: the other half of DUI evidence
Field sobriety tests might come first, but it’s the breath, blood, or urine tests that usually carry the most weight in a DUI case.
Even if you seem totally sober during the stop, a chemical test showing a blood alcohol level of 0.08 percent or higher is enough to charge you with DUI in Tennessee. These tests are also used to detect drugs, including prescription medications that affect reaction time and motor function. Officers often rely on these results to back up their decision to arrest. Refusing to take one is considered a violation of Tennessee’s implied consent law, which means your license can be suspended, even if you’re later found not guilty.
Can you refuse field sobriety tests in Tennessee?
Drivers in Tennessee are legally allowed to refuse field sobriety tests because these tests are voluntary and not required by law.
Although officers may imply that participation is mandatory, you have the right to decline. Field sobriety tests are designed to gather evidence of impairment through physical observation, but they are not always reliable or fair. Refusing to take them does not lead to an automatic penalty, but it also does not prevent the officer from arresting you if they believe there are other signs of impairment. Knowing you can decline may help you avoid giving an officer more justification to arrest you.
How to handle a DUI stop (even if you’re sober)
The best way to handle a DUI stop when you have not been drinking is to stay calm, provide the required documents, and avoid offering unnecessary information.
Being nervous is completely normal, but try to keep your movements slow and your answers brief. You are only required to identify yourself and provide your license and registration. You do not have to answer questions about where you have been or whether you had a drink. You also have the right to refuse field sobriety tests politely. If the officer asks for a breath or blood test, refusal could still result in license suspension under implied consent laws.
Legal defenses when you pass a test but get arrested
Getting arrested after passing a field sobriety test feels like being penalized for doing the right thing. You followed the officer’s instructions, stayed balanced, and kept your cool—yet still found yourself in cuffs. It’s not just confusing, it’s infuriating. But it doesn’t have to end there.
A strong DUI defense begins by challenging the foundation of the arrest. Your attorney will look at whether the traffic stop was even legal. Officers need reasonable suspicion to pull you over, and if that’s missing, everything that follows may be thrown out. Even if the stop was valid, the field sobriety tests themselves can be questioned.
Were they performed in poor lighting or on uneven pavement? Did the officer clearly explain the instructions? Video footage can sometimes show that what happened doesn’t match what was written in the report.
Then there’s the chemical testing. Breathalyzers need to be correctly calibrated, and blood samples have to be handled with strict protocols. A small mistake or delay could completely change the outcome of your case. Add in any health conditions, medication use, or fatigue, and your attorney may have even more leverage to challenge the charge.
Get help from a Tennessee DUI defense lawyer
If you were arrested for DUI after doing everything right, don’t face it alone. A Tennessee DUI defense lawyer can challenge weak evidence, protect your license, and fight for the best possible outcome. The right attorney brings clarity, strategy, and peace of mind when you need it most.
Call Adrian H. Altshuler & Associates to start building your defense today.