Can I Refuse a DUI Test?

 Posted on October 14, 2025 in DUI/DWI/BUI

When a driver is pulled over on suspicion of driving under the influence (DUI), the police officer may conduct multiple tests in order to gauge the driver’s level of intoxication and gather evidence for a criminal charge. However, it is important to know that not all DUI tests are mandatory. A Jefferson City, TN drunk driving defense lawyer can inform you of your rights and advise you on how to respond throughout your case.

At The Baker Law Firm, we have a history of successful case results in defending clients accused of serious charges, including allegations of drunk driving. We will work with you to build a defense tailored to your circumstances.

Are Field Sobriety Tests Mandatory in Tennessee?

During a DUI traffic stop, an officer may ask you to perform certain tests to judge your coordination, balance, judgment, and ability to follow instructions and multitask. These roadside field sobriety tests can be refused without penalty, and it may be advantageous to refuse them since your performance could be cited as evidence by the prosecution. 

Refusing a field sobriety test is not necessarily an admission that you are drunk. In poor conditions, completely sober drivers may perform poorly on these tests. Likewise, people with medical conditions could be mistakenly assumed to be intoxicated based on their performance on a field sobriety test. Keep in mind, however, that refusing to perform a field sobriety test can still result in your arrest.

Can I Refuse a Roadside Breath Test in Tennessee?

In addition to the standard field sobriety tests at a traffic stop, you may also be asked to blow into a portable breathalyzer device to gauge your blood alcohol concentration (BAC). Much like a field sobriety test, you can refuse to take this test without any legal penalties in most cases. Even if you think that you will pass, submitting to a portable breath test can be risky, as you can be charged with driving under the influence with a BAC of .08 percent or higher (Tenn. Code Ann. § 55-10-401).

Portable breath tests are not typically admissible evidence in court due to the potential for inaccuracies. A skilled criminal defense lawyer can challenge the validity of a portable breathalyzer test to see if the officer had probable cause to arrest you.

Refusing a Blood or Breath Test After a DUI Arrest

Once you have been arrested on suspicion of DUI, you are legally obligated to submit to a blood or breath test under Tennessee’s implied consent laws. If you refuse an official blood or breath test at a police station, your driver’s license will be immediately suspended, even if you are not convicted of DUI later. Opting out of the test can deprive the prosecution of evidence, but your refusal could also be cited against you in court.

Contact a Jefferson County, TN Drunk Driving Defense Lawyer

At The Baker Law Firm, we are highly familiar with the police procedures involved in a DUI charge. To schedule a free initial consultation with our Jefferson City, TN dui defense attorney, call our office at 865-200-4117 today.