@nibortheyak there are a total of 6 observable clues in HGN, 8 on 9 step walk and turn, and 4 on the one leg stand. You must exhibit 4 on the first and at least 2 on the next 2. I've personally performed SFST well over 200 times and I have many people that do not result in an arrest. These tests are designed as much for the driver's good as anything. Truthfully being arrested for DUI versus crashing is also in their's and the public's good to be honest.
@gringo3121 you are trained to both medically clear a person, by asking if they have any medical conditions, injuries etc that may prevent them from being able to perform the activities during the tests, and check for resting nystagmus. So in either case an officer properly performing SFST would become aware of your condition and proceed in a manner appropriate.
If you do have a medical condition that causes natural nystagmus and/or affects your balance, providing documentation to your attorney would most likely result in that portion of the officer's testimony being blocked. But, other evidence, like driving the wrong way on a one-way street after running a red light, weaving from side to side, not being able to recite the alphabet, a strong odor of an alcoholic beverage, an open container in the car, etc, would still be allowed.
The presence of HGN is but ONE factor in making a DUI case. And, the percentage of people who have naturally-occurring nystagmus is so low it is considered to be statistically insignificant. The other tests used measure more than just balance. They are actually "divided attention" tests. Many people think that because if they don't lose their balance, they pass. That's not the case. Nystagmus alone will never make a DUI case. It's all the factors combined together.
I actually have Meniere's disease and naturally have HGN as well as a balance disorder. Somehow, however, it has been determined that this is the test that "doesn't lie" during an FST. That being said, what is the validity of any of these tests and how well trained are the officers performing them?
Question for ya. I got a DWI about 11 years ago and hired a lawyer and got off. He was very very firm on the fact, YOU DON'T DO ANY FIELD sobriety tests. Don't answer any questions other than your name. Don't refuse the REAL breathalyser but don't do the field breathalyser. It makes sense because they are using the failed tests to build a case against you. Seems like good advice but I just don't know. Thoughts?
@nibortheyak Good advice? Good advice is don't drive after drinking and you won't have an issue. If you blood test 0.00 BAC you're not getting charged with anything.
@Denarian ...... Yes you are right. All I am saying is that there is no way to pass these tests. Whether you have been drinking or not. All of them are designed as such that you can't pass them. If your BAC is .04, you don't have to worry about being charged either. The tests are not there for your benefit. True, the best advice is just don't get behind the wheel. Of course.
i don't like this test. my husband being a police officer uses me for example all the time for these type of cases because I naturally have HGN and I don't drink. So my argument is that this can't be a good test to determine if someone is intoxicated because some people just have it naturally.....maybe we should carry cards! This is a good video of it though =0)
This is an accurate video of how the HGN is supposed to be done. It is a Standardized Field Sobriety Test, but in the Field it is almost never done correctly by the Officer. Nystagmus occurs in sober persons. Optikinetic Nystagmus occurs when there are flashing lights, such as those emitted by a patrol car. I think it's a pretty worthless test.
@AClay47 Actually Optikinetic Nystagmus happens when the eyes are tracking quickly passing objects, like cars moving outside a car window. Flashing lights, especially LED lights on most patrol cars cannot possibly cause this. There may be a small possibilty that rotating lights could cause this, but if the subject is facing away from the road, this wont be an issue.
@nibortheyak there are a total of 6 observable clues in HGN, 8 on 9 step walk and turn, and 4 on the one leg stand. You must exhibit 4 on the first and at least 2 on the next 2. I've personally performed SFST well over 200 times and I have many people that do not result in an arrest. These tests are designed as much for the driver's good as anything. Truthfully being arrested for DUI versus crashing is also in their's and the public's good to be honest.
gregorydude1 1 month ago
@gringo3121 you are trained to both medically clear a person, by asking if they have any medical conditions, injuries etc that may prevent them from being able to perform the activities during the tests, and check for resting nystagmus. So in either case an officer properly performing SFST would become aware of your condition and proceed in a manner appropriate.
gregorydude1 1 month ago
If you do have a medical condition that causes natural nystagmus and/or affects your balance, providing documentation to your attorney would most likely result in that portion of the officer's testimony being blocked. But, other evidence, like driving the wrong way on a one-way street after running a red light, weaving from side to side, not being able to recite the alphabet, a strong odor of an alcoholic beverage, an open container in the car, etc, would still be allowed.
coldblue95 2 months ago
The presence of HGN is but ONE factor in making a DUI case. And, the percentage of people who have naturally-occurring nystagmus is so low it is considered to be statistically insignificant. The other tests used measure more than just balance. They are actually "divided attention" tests. Many people think that because if they don't lose their balance, they pass. That's not the case. Nystagmus alone will never make a DUI case. It's all the factors combined together.
coldblue95 2 months ago
I actually have Meniere's disease and naturally have HGN as well as a balance disorder. Somehow, however, it has been determined that this is the test that "doesn't lie" during an FST. That being said, what is the validity of any of these tests and how well trained are the officers performing them?
gringo3121 6 months ago
Question for ya. I got a DWI about 11 years ago and hired a lawyer and got off. He was very very firm on the fact, YOU DON'T DO ANY FIELD sobriety tests. Don't answer any questions other than your name. Don't refuse the REAL breathalyser but don't do the field breathalyser. It makes sense because they are using the failed tests to build a case against you. Seems like good advice but I just don't know. Thoughts?
nibortheyak 9 months ago
@nibortheyak Good advice? Good advice is don't drive after drinking and you won't have an issue. If you blood test 0.00 BAC you're not getting charged with anything.
Denarian 5 months ago
@Denarian ...... Yes you are right. All I am saying is that there is no way to pass these tests. Whether you have been drinking or not. All of them are designed as such that you can't pass them. If your BAC is .04, you don't have to worry about being charged either. The tests are not there for your benefit. True, the best advice is just don't get behind the wheel. Of course.
nibortheyak 5 months ago
i don't like this test. my husband being a police officer uses me for example all the time for these type of cases because I naturally have HGN and I don't drink. So my argument is that this can't be a good test to determine if someone is intoxicated because some people just have it naturally.....maybe we should carry cards! This is a good video of it though =0)
sarasteudle 10 months ago
This is an accurate video of how the HGN is supposed to be done. It is a Standardized Field Sobriety Test, but in the Field it is almost never done correctly by the Officer. Nystagmus occurs in sober persons. Optikinetic Nystagmus occurs when there are flashing lights, such as those emitted by a patrol car. I think it's a pretty worthless test.
AClay47 1 year ago
@AClay47 Actually Optikinetic Nystagmus happens when the eyes are tracking quickly passing objects, like cars moving outside a car window. Flashing lights, especially LED lights on most patrol cars cannot possibly cause this. There may be a small possibilty that rotating lights could cause this, but if the subject is facing away from the road, this wont be an issue.
rommel424890 1 year ago
Isn't the VGN used to determine if someone is on pcp?
oXRavynheartXo 2 years ago
Actually VGN is visible in PCP (Dissociative Anesthetics), CNS Depressants (in High Doses), and in Inhalants (in High Doses). Hope that helps.
kmustain36 1 year ago
That's very helpful. Thank you very much. :)
oXRavynheartXo 1 year ago
The lack of smooth pursuit looked pretty smooth to me :(
iownurmom57 2 years ago
Its a great learning tool for my Criminal Justice class. Thank you for posting it.
craeshe 2 years ago