Refuse Field Sobriety Tests in Tennessee: Why Sober Drivers Are Still Arrested for DUI

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In recent years, Tennessee has seen a troubling rise in DUI arrests involving drivers who were later proven to be completely sober. According to data reported by the Tennessee Bureau of Investigation (TBI), hundreds of drivers each year are arrested for DUI even though blood testing later shows zero alcohol or drugs in their system.

Key Point: A DUI arrest in Tennessee does not require proof of alcohol or drugs at the roadside. Many arrests are based on subjective observations made before any chemical testing occurs.

These cases highlight an important but often misunderstood point of law: you can refuse field sobriety tests in Tennessee, and in many situations, doing so is one of the smartest decisions a driver can make.

Sober DUI Arrests in Tennessee: A Growing Problem

Recent media reports revealed that in 2024 alone, 419 drivers in Tennessee were arrested for DUI despite later testing showing no alcohol or intoxicating substances. These are not technicalities or borderline cases; these are drivers who were objectively sober.

As a result, Tennessee lawmakers passed legislation requiring the TBI to track and publicly report data on so-called “sober DUI” arrests, including which law enforcement agencies make those arrests. This increased transparency reflects how frequently these cases occur and why drivers need to understand their rights.

Important: Even when chemical testing later proves a driver was sober, the arrest itself can still trigger jail time, court appearances, license consequences, reputational harm, and financial costs.

Searches for Tennessee sober DUI and sober DUI Tennessee are increasing for a reason: this can happen to anyone.

How Police Build DUI Cases Without Alcohol

When a driver is stopped and suspected of impairment, officers often rely on Standardized Field Sobriety Tests (SFSTs) to decide whether to make an arrest. These tests typically include:

Horizontal Gaze Nystagmus (eye test)
Walk-and-Turn
One-Leg Stand

Despite their name, these tests are not direct scientific measurements of intoxication. They are tools designed to help officers describe “clues” of impairment.

Good to Know: Field sobriety tests do not actually measure alcohol or drug levels. They are designed to help officers justify an arrest decision, not to help the driver.

Importantly, field sobriety tests are voluntary in Tennessee.

You Have the Right to Refuse Field Sobriety Tests in Tennessee

One of the most important things drivers should know is this:

You can refuse field sobriety tests in Tennessee.
Refusing is legal, and there is no penalty under Tennessee law for declining these tests.

Key points to understand:

You are not required to perform field sobriety tests.
There is no legal penalty for refusing SFSTs.
Refusal alone cannot be the basis for a DUI arrest.

An officer may still arrest a driver if they believe there is probable cause based on other observations, such as driving behavior or statements made during the stop. However, refusing field sobriety tests cannot, by itself, create probable cause.

Be Careful: Performing field sobriety tests often gives officers additional, subjective observations they can later describe as “evidence of impairment,” even when the driver is sober.

Why Field Sobriety Tests Are Especially Risky for Sober Drivers

Field sobriety tests frequently fail sober drivers for reasons unrelated to alcohol or drugs, including:

Medical conditions or injuries
Age-related balance issues
Anxiety or nervousness
Uneven pavement, poor lighting, or weather conditions

When a sober driver “fails” these tests, an arrest often follows, even though chemical testing later proves the driver was not impaired.

The Consequences of a Sober DUI Arrest

A DUI arrest has consequences long before test results come back.

Even when charges are eventually dismissed, a DUI arrest can have serious and lasting consequences, including:

Arrest and possible jail time
Court appearances and legal expenses
Driver’s license consequences
Employment or professional licensing issues
Emotional stress and reputational harm

Understanding your DUI arrest rights in TN can significantly reduce the damage caused by a mistaken arrest.

What to Do If You Are Stopped for Suspected DUI in Tennessee

Provide your license, registration, and insurance.
Politely refuse field sobriety tests.
Remain calm and respectful.
Understand that chemical testing after arrest is governed by Tennessee’s implied consent law.
Contact an experienced Tennessee DUI defense attorney as soon as possible.

Facing a DUI charge?
If you were arrested for DUI — sober or otherwise — an experienced defense attorney can evaluate the stop, the arrest, and the evidence against you.

Final Thoughts

The increase in sober DUI arrests in Tennessee shows that field sobriety tests are not safeguards for drivers — they are tools used to build cases. For sober drivers especially, these tests can create misleading evidence that leads to arrest despite complete innocence.

If you drive in Tennessee, understanding your right to refuse field sobriety tests is one of the most important protections you have.

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WKRN local news coverage of the “sober DUI” problem in Tennessee.