Chattanooga, TN asked in DUI / DWI for Tennessee

Q: In Tennessee do you have the right to choose which sobriety test an officer gives you?

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3 Lawyer Answers
Bennett James Wills
Bennett James Wills
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: No. You do not have the right to choose what test you get. But if you refuse a breath test then you're looking at an automatic suspension of your license.

James R. Owen
James R. Owen
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: No you cannot chose what field sobriety test the officer ask you to preform. You can refuse field sobriety test and can explain why a particular test might not be a good idea for you, such as explaining to the cop that your bad back might prevent you from walking a straight line. An experienced DUI lawyer can help you figure out the best way to handle your case.

A. Sais Phillips Finney
A. Sais Phillips Finney
Answered
  • DUI & DWI Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: The implied consent form officer's read driver's before administering sobriety tests states that the driver must take the test of the officer's choosing. Unfortunately, you do not have a choice and many officer's will request blood over breathe and urine tests which are among the options available. You can refuse to submit to testing, but there may be consequences.

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