DUI Field Sobriety Testing - Horizontal Gaze Nystagmus

[PigsWing1977]

1-800-BAIL-GUY

[Breckbomber]

Good job counsler however, brush up on your adminstrative procedures for the HGN. Your excataly right when you say that officers rush the HGN however, it is the best test of the 3 test battery. Once medical conditions are ruled out, which can easily be done prior to testing, then horizontal gaze nystagmus is an outstanding test for DUI enforcement. But like any criminal investigation, it is just one piece of the puzzle.

[Frogberto]

@really2k1: Not necessarily. I am a certified field sobriety test instructor, so am qualified to teach police how to do the tests properly, that is, in accordance with the rigid instructions that match the validation studies. In an academic study, police officers determined that 46% of subjects that had a 0.0% alcohol level were legally intoxicated. (Cole and Nowaczyk, “Field Sobriety Tests: Are they Designed for Failure?”, 79 Perceptual and Motor Skills Journal 99, 1994.)

[oXRavynheartXo]

How can you defend people who could very well KILL someone? Really?

But I guess it's no skin off your teeth if they kill someone as long as it's not you. You people disgust me.

[attorneyrobert]

@thomas997: Almost no police officers are trained opthamologists.

Poor vision and ocular blindness may cause nystagmus. Diabetes, brain tumors, and head traumas also lead to nystagmus. Since most police officers are not trained medical personnel, it is almost impossible for them to say that nystagmus is caused by alcohol rather than another medical disorder.

Do you think that the HGN test is reliable enough to determine intoxication level?

[thomas997]

Are they certified optamologists? Are they qualified to diagnose a potential disorder of the eye? Is being under the influence the sole contributor of Nystagmus of the eye?

I beg to differ. This is one of the worst tests in their arsenal. Anyone who suffers from a disorder of the Nervous System, such as Tourette Syndrome, would automatically fail this test.

How can a country that allegedly works on democracy let such a procedure exist? Doesn't the people have any say any more?

[allofem121]

nobody will get convicted of dui as a result of the nystagmus test alone. It comes from a totality of circumstances, maybe you would see that if you werent so busy hating police.

[attorneyrobert]

allofem121: I see what happens in court every day, and with DUIs, it's more like accuse first, look for defenses later. And no, I don't hate police - I have good friends, and even a family member, in the police force. Thanks for the comment.