Are you smarter than a lawyer? Let's see if you can answer this bar question. Question. A Tennessee driver is pulled over for DUI and refuses the field sobriety test. The officer arrests him anyway based upon the odor of alcohol and bloodshot eyes. At the station, he refuses the breath test because he watches Dr. Judge videos. His license is suspended for one year under the implied consent law. At trial, can the prosecutor mention his refusal of the field sobriety test to the jury? A. Yes, because refusing tests shows consciousness of guilt. B, no, because field sobriety tests are voluntary and refusal cannot be used as evidence. Or C, yes, but only if the judge gives a limiting instruction. Remember, you be the judge and answer like a lawyer. Comment below. I'll comment on the first comment. That's right.