Dont forget poor operation of the vehicle which is why the vehicle is stopped in the first place. And then there is the ever present odor of alcoholic beverage that hits the cop in the face when the window comes down.
There are three field sobriety tests done roadside. If you fail those you come in for a breath/blood/urine test. Which could prove you not to be impaired. I think people have more than enough opportunity to show that they are not intoxicated.
@fabsala I happen to disagree. Not everyone is stopped for "erratic" driving. I have been stopped or not having my headlights just as I pulled out of a parking garage. The officer asked if I was drinking and I said yes ( I had 2 beers.) If wanted to do some tests on me and of course the first one is the eye test. I actually have congenital nystagmus and informed them of that. With that in mind, the officer gave some more tests which I passed.
DONT READ THIS CAUSE IT ACTUALLY WORKS.YOULL BE KISSED ON THE NEAREST POSSIBLE FRIDAY BY THE LOVE OF YOUR LIFE.TOMORROW WILL BE THE BEST DAY OF YOUR LIFE.HOWEVER IF YOU DON NOT POST THIS TO AT LEAST THREE VIDEOS YOULL DIE WITHIN TWO DAYS.NOW YOUVE STARTED REDING THIS DONT STOP.THIS IS SO SCARY PUT THIS ON AT LEAST FIVE VIDEOS IN THE NEXT 143 MINUTES WHEN YOUR DONE PRESS F6 AND UR LOVERS NAME WILL APPEAR ON THE SCREEN IN BIG LETTERS THIS IS SCARY CAUSE IT ACTUALLY WORKS
i need help, i have a extrememly bad case of nystagmus and i am 18 yrs old. just started college and i thought i got alot of greif for having this problem before but that was nothing compaired to what i am getting now from random people on a dayly basis. i just need some help or advice on like how to control it or slow it down somehow. if u can help please e mail me at
Only a breathalizer or blood test would be considered, however I am not certain if my medication would affect the results without a full series of expensive blood labs. btw I have never done any type of drugs and do not drink.
It would be an insult to those not impaired to be treated as such based on these tests. I myself have a post concusive disorder with chronic vestibular disfunction (balance) from Iraq and would fail all this test, a heal toe test, head back with ees open or closed test, etc... I am however completely safe to drive in a seated position.
Guess what thats why they run 3 field tests and then you can blow if you dont refuse. Also if you werent driving like an idiot you wouldnt have been pulled over and before someone says anything like "oh but what about ppl with disablities". They shouldnt be driving if its bad enough to be pulled over. 99% of police officers are trying to protect families from being killed by drunk drivers.
This guy went "years" before figuring out that someone WASN"T looking at the stimulus?!?!? Most officers figure that out the first time they try and administer the test.
You get pulled over for say having a brake light out or turn signal not working, that does happen, and you cannot prevent it 100% of the time... without serious mods to your car.
With the probable cause then they can search / arrest you?!!?
Good to know a medical condition can be a crime too!
Officers check for three things before beginning the HGN examination:
1. Equal pupil size (potential neurological conditions that would require EMS).
2. Equal tracking (both eyes track the stimulus back and forth, no lazy eye, etc.).
3. Resting nystagmus (the eyes jerk around while the subject is looking straight ahead).
This is merely one part of the standardized field sobriety tests. Remember, there's "walk-and-turn" and "one leg stand" for you to also make excuses for failing.
@rabbitsox Those w/ infantile nystagmus also have difficulty passing balance/coordination tests. I have infantile nystagmus. Officers don't ALWAYS follow the checks you list. I wasn't even presented with a stimulus, yet I failed the HGN!? No breath test. And only reasonable suspicion was required, not probable cause, for DUI arrest. I think someone owes me the 7K I incurred in the 3 yr fight to get the charge dropped. I HATE drunk drivers more than ANYONE! Arrest/suspension won't stop alcoholics
what really makes me mad, is they did not MENTION anything about Neurological Disorders - Like MS, Motor Neuron Disorders, Brain Tumors, Stroke - People who have legitimate Neurological Disorders that would cause people with these to FAIL a field Sobriety test. Heal to toe, walking on heals, head back with eyes closed. These people need more education and speak about ALL POSSIBILITIES in detail instead of making EVERYONE with these problems as a suspect of being under the influence
@seandamondotcom That is discussed in the police academy as well as in service class and/or Drug Recognition Expert. It is always taken into consideration and THREE tests are done including the HGN/VGN, One Leg Stand and the Walk and Turn.
@seandamondotcom As police officers before we conducy ANY of these tests we are required to ask Do you have any medical problems? Not to mention there are several other tests, a preliminary breath test and others before a DUI is charged!
@ukillinmepeety I agree.. But that does no good if it's not alcohol in question. Any substance affects the Central Nervous System. Once I tell the officer YES I do have a Medical Condition (Mine is a Motor Neuron Disease) is he or anyone else on duty really going to know the physical deficits and findings associated with my disease? Or will they just assume I am under the influence first?
@seandamondotcom If they did feel that you are intoxicated and they do arrest you, you will be able to fight it out at the magistrates office. Even if they do jail you, you can fight it in court with medical documentation. You would then file a formal complaint against the officer that arrested you for no real reason and then you're rich!!!
what really makes me mad, is they did not MENTION anything about Neurological Disorders - Like MS, Motor Neuron Disorders, Brain Tumors, Stroke - People who have legitimate Neurological Disorders that would cause people with these disorders to FAIL a field Sobriety test. Heal to toe, walking on heals, head back with eyes closed.
These people need more education and speak about ALL POSSIBILITIES in detail instead of making EVERYONE with these problems as a suspect of being under the influence.
To answer the comment of u2b9876: Yes, these "goon" cops are trained to know what congenital nystagmus is and what the difference is. If they are using HGN, they have to be properly trained in it so I wouldn''t call them "ignorant".
Not once do these goons mention congenital nystagmus (the kind your born with). I wonder if cops are trained to even know what congential nystagmus is? Or if they see someones eyes moving a certain way, do they just assume they are drunk or on some other drug? I've had nystagmus since birth, yet I can drive easily. Nice to know I'll be subjected to DUI tests if the cop sees my eyes moving.
I've had nystagmus since birth. I don't drink and drive. But I'm paranoid that if I get pulled over for some other reason, the ignorant cop will accuse me of drinking. I'd fail this test even if I was stone cold sober. If I ever get falsly accused of DUI, I'll have the ACLU on you quicker then stink on crap.
@u2b9876 A positive result for Nystagmus alone won't lead to a DUI charge. In fact, Nystagmus test's are only initiated as part of a Field Sobriety Test and then only after other factors have led the officer to believe someone's driving is impaired. These factors can include but are not limited to; an odor of an alcoholic beverage emanating from their breath and person, red and watery eyes and slurred speech.
@DEREK1131 I believe you meant "claim", Einstien. I don't drink and drive, but I could still get falsely accused and harrased with this test. Now shut your cock holster.
I was pulled over on my way home one night, was given the field sobriety test, they gave me this Nystagmus test. He said my eye was twitching, so he put me in the back of his squad car and have me blow into his little machine. I blew a 0.00. He reset it, had be blow again, and I blew a 0.00. He let me go.
@squirreljester2 It might be because you have had a previous head injury. Previous concussions or other head injuries usually causes nystagmus at 45 degree deviation.
folks with medical conditions....you should certainly have your medical documentation with you. That being said..if you KNOW, that you have a condition(s) that could lead an officer to believe you were intoxicated, you should not have even a sip of alcohol. You are just opening yourself up for trouble. There are a TON of medications that clearly say on the prescription that you shouldn't drive or operate a motor vehicle./heavy machinery. If you are on morphine...you should NOT drive
folks with medical conditions....you should certainly have your medical documentation with you. That being said..if you KNOW, that you have a condition(s) that could lead an officer to believe you were intoxicated, you should not have even a sip of alcohol. You are just opening yourself up for trouble. There are a TON of medications that clearly say on the prescription that you shouldn't drive or operate a motor vehicle./heavy machinery. If you are on morphine...you should NOT drive
folks with medical conditions....you should certainly have your medical documentation with you. That being said..if you KNOW, that you have a condition(s) that could lead an officer to believe you were intoxicated, you should not have even a sip of alcohol. You are just opening yourself up for trouble. There are a TON of medications that clearly say on the prescription that you shouldn't drive or operate a motor vehicle./heavy machinery. If you are on morphine...you should NOT drive
folks with medical conditions....you should certainly have your medical documentation with you. That being said..if you KNOW, that you have a condition(s) that could lead an officer to believe you were intoxicated, you should not have even a sip of alcohol. You are just opening yourself up for trouble. There are a TON of medications that clearly say on the prescription that you shouldn't drive or operate a motor vehicle./heavy machinery. If you are on morphine...you should NOT drive
I have nystagmus as well due to a neurological condition and on morphine. I wasn't told i can't drive with this by any of my doctors. I also cant do heel toe so i am glad i have a number of medical things in my wallet to show my medical condition. i also don't drive sick.
Probable cause for arrest must be established prior to a breath test. PBTs have gone extinct. They are voluntary and simply do not identify impairment. Also, they do not measure the amount of non-alcohol drugs that may impair a person.
I did a ride along with the DWI unit night shift. We were called to a suspicion of DWI. The officer i rode with is a DWI expert so while i was sitting in the car i watched him perform the horizontal gaze nystagmus test. The guy failed. This DWI suspect was about 450+ pounds so he wasn't able to do the walk and turn, or one leg stand. The officer did also administer the finger count in which he also failed. We went back to the station where the guy blew a three times the legal limit.
HGN and congenital nystagmus are entirely different. If you have congenital nystagmus, it will generally be immediate onset as opposed to a certain degree of an angle. Also, HGN is horizontal while congenital nystagmus causes in involuntary jerking which may be up down or even diagonal. Those that have been trained in the HGN test and have seen congenital nystagmus have little difficulty in differentiating between the two.
^^This is not correct. Most congenital nystagmus IS horizontal and happens whether you're looking at an angle or straight. My eye doctor says police can't differentiate between ACQUIRED nystagmus from intoxication and CONGENITAL Infantile type nystagmus. The appearance is EXACTLY the same. Just ask people to BLOW BLOW BLOW BLOW. Problem solved! Yay!
My own doctor attempted to argue the same point. I astounded him with my knowledge of eye movement. The test was not developed by police officers, but instead has evolved under countless research and analysis. The eye movement observed is specific in regards to CNS Depressants, inhalants, and dissociative anasthetics. The key is the angle of onset. Congenital nystagmus can be easily identified (even by an officer). Blowing into a machine is not the answer.
I would invite your eye doctor to address this issue at the next impaired drivinig conference which will take place in Arkansas. Your doctor can argue his points with Doctor Karl Citek. Citek is a leader in the testing of subjects in regards to HGN. The AOA has recognized the direct relationship between BAC and HGN. Congenital Nystagmus will manifest itself at any angle...and often appears at immediate onset.
I have congenital nystagmus. I was stopped, and my person/vehicle were seized in less than 10 minutes. No breath test. No Field tests. The cop said I "failed the HGN" but he never actually held a stimulus for me to follow. I had no indication my eyes were the basis for his decision and have no criminal history. I hadn't had anything to drink, hadn't taken drugs...just very obvious Congenital Nystagmus. Given a blood test at the jail and held hours 4 my antidepresant? Years pass. Still no trial.
Not every officer is skilled in his or her detection of impaired drivers. I would suggest that you employ appropritate counsel; however, your situation does not invalidate the HGN test.
If you can't guarantee that every officer is skilled, then that is a REAL problem. Officers must be skilled if they are allowed to graduate, right? I hate drunk drivers as much as everyone else, but I have suffered enough from just having this medical condition my whole life. It makes me very unsteady on me feet, also. I'm now scared to drive, and fear this will happen again. There must be a better way to train officers to determine intoxication. When is the conference?
Officers must be skilled in the basics of law enforcement. Their are many subjects within police work that require further specialized training and/or recurrent in-service training. Unfortunately, this does not always take place. If you are unsteady on your feet, that may be why an SFST was completed on you. I suggest a letter from your doctor articulating a natural nystagmus. I have seen such a letter. I was also able to identify congenital nystagmus before the letter was presented.
Anti-depressants will cause HGN. They fall under the same category as ethel-alcohol. The saccadic movement would be present during the lack of smooth pursuit portion of HGN. Distinct and sustained nystagmus would also be present. Whether an angle of onset prior to 45 degrees would depend on the dosage and tolerance. All CNS Depressants may cause impairment. It is a legitimate charge of DUI or DWI if a person is determined to be under the influence and impaired by it.
So the millions of people that take antidepressants everyday now have to worry they will be charged with DUI? How do they determine if you are impaired by it? We need better lab tests, I guess. My eyes always move and my balance is very bad from the congenital nystagmus. What field test should I request? Do you think presenting a letter from a doc would help me?
I appreciate you discussing this with me, by the way. Thank you.
A letter from your eye doc may help. Does your condition effect your driving ability? Also, during the SFST, it is beneficial to the investigation to find out what medical conditions, if any, may be causing impairment or perceived impairment. The purpose of a drug evaluation is to determine if impairment is present and if that impairment is due to the administration of a substance or if it is due to a medical condition. There are many conditions that can mimic drug impairment.
It doesn't effect my driving. I wear glasses, don't drive at night, and my brain has learned to stabilize the moving image it is receiving since I was born this way. I actually wasn't given any SFST. The report said I failed the HGN and was "too unsteady on my feet to preform any FST." But he didn't preform the HGN test from what I've read in the training manual. My eyes always shake, so it's not related to the medication (which actually decreases the natural nystagmus in my case.)
Some doctors have prescribed contacts to decrease the congenital nystagmus...Has your doctor ever done that? And the SFST is never a pass or fail test. To say it is would be to quantify it in some way. It is a divided attention test to determine if someone is able to operate a motor vehicle or do other things that divide one's attention. Many officers do not administer the SFST as they should. It is a shame.
@Gisella14 No, millions of people on anti depressants IF taking their medication as prescribed by the doctor, should not have anything to worry about. However, those medications do most likely say not to drive on them. Remember, I can claim to be prescribed xanax under a doctors care...however, if my script says take 1 day and I take 5...should I be driving? Would you want to ride with me? Put your loved ones in the passenger seat with me?Over/self medicating is a HUGE problem in this country.
@Gisella14 No, millions of people on anti depressants IF taking their medication as prescribed by the doctor, should not have anything to worry about. However, those medications do most likely say not to drive on them. Remember, I can claim to be prescribed xanax under a doctors care...however, if my script says take 1 day and I take 5...should I be driving? Would you want to ride with me? Put your loved ones in the passenger seat with me?Over/self medicating is a HUGE problem in this country.
A tox test may not even turn up the specific depressant drug due to the limitations of the lab performing the tests. Novel drugs in this specific category are being developed for which no test exists. Also, in order to test for many CNS Depressant drugs, the specific drug needs to be identified. For instance: Carisoprodol, if not identified as a possibility, may not be tested for in a tox screen. This would lead to a negative screen.
ITA, only I feel it's unfair to anyone who has vision, other neurological diseases or problems and diabetics who happen to have low blood sugar at the time. Lots of them have died lately beccause cops think they're drunk and combative. I think cops need to stick to breathalyzers and stop trying to diagnose drinking.
As a DUI enforcement officer, I would glady advise you guys that you all have legitimate claims and concerns. I would like to also say we are trained and skilled professional and would be able to differentiate between someone who has a medical disorder, which we ask before we conduct the test, or someone who is impaired buy alcohol or other means.
As a DUI enforcement officer, I would glady advise you guys that you all have legitimate claims and concerns. I would like to also say we are trained and skilled professionals and would be able to differentiate between someone who has a medical disorder, which we ask before we conduct the test, or someone who is impaired by alcohol or other means.
@rosiepybus1991 I agree I have had nystagmus from birth and when I got pulled over once it took a half hour to convince the officer that my was not from drugs but that I was born with it.
I didn't know people who don't have hgn could experience it. How weird!
I do have it -all the time- and so through my own experiences I have noticed that alcohol does make it worse. I have also noticed that, in my case, caffeine or extreme tiredness make it worse as well. Also, even without comsuming alcohol or caffeine, I find it very difficult to read those horizontal scrolling marquee signs. It just sort of sends my eyes into a frenzy.
Its true some people have natural types of nystagmus. But there are differnt types nystagmus such as rotational nystagmus. Very few people naturally have horizontal gaze nystagmus. I have been a cop for years and HGN is the most reliable field sobriety test by.
Just to back up (Not that he needs it) what jmw is saying. We first look for resting nystagmus and uneven pupils when we begin the test. I just finished the SFST course. This video was mentioned. I spoke to a DRE (Drug Recognition Expert) who gave the course and debunked what the second officer in this video was saying. "I can instantly tell if you are not looking at the stimulus, by just paying attention to how your eye moves with it until we reach max deviation!"
Gisellea14. You are actually showing your ignorance. You are displaying the stereotype that people place on us. College degree, yes. Trained in detected nystagmus, yes. One of the things taught in HGN courses is that people some people are born with natural nystagmus. So, your just another person throwing out the same old excuses that have been tried many times. People in my job do it because they want to, not because they can not do anything else.
The Field Sobriety test is a scam.. it was made for you to fail.. I failed this last night and was arrested for DUI.. once at the county jail.. I was breath tested and urine tested proving my sobriety so the DUI was dropped..
It does not prove intoxication.. it is a way to go through the motions to put you under arrest..
Waaaaaaa. Eight years on patrol and I could tell what someone would blow on the breath test just by using this test. I was proven right every time. Every case ended in a guilty plea because they were DUI. So waaaaaaaaaaaaaaa. I guess you're just another poor mistreated person.
Gisella14. I've worked with officers who have Engineering degrees and who have given up full ride scholorships to major universities because this is what they want to do. One thing I've learned thoughout life is that a college degree does not mean your intelligent or even smart. Most of the biggest idiots I've met have been college graduates.I was also in the military. One thing I learned is that everyone praises the military as heroes but spit on the ones who actually keep YOU safe EVERYDAY.
Also, the Field Sobriety Tests were developed and decided upon by doctors and scientists. Unless you're smarter than all of them, I suggest you stick to your job. Wow, the dumb cops have taken extra precautions to ensure the tests are valid and scientifically proven to be indicators of intoxixcation. Oh yeah, thanks for showing your maturity by wishing something ill of my chidren.
But you'll still call them when you need help and even though you "hate us" we'd still put our life on the line to save yours. Kinda blows the theory that we're just out there to screw you over doesn't it. What have you truelly done to save lives or make the world better?
Wrong! I will not call the police for any reason. I handle my own issues, settle my disputes with my friends, family and neighbors without police entanglements. I do not need to be lectured by someone who is no better than I am or considered a suspect when I am reporting a crime. This is why I've learn to avoid any all all law enforcement. If more people would respect themselves and others there would be no need for the police or their egos
Every DUI I made I treated the person with the upmost respect and was absolutely positive that they were too intoxicated to drive before arresting them. Each of those arrests potentially saved your life or the life of one of youor friends or family members. Do you support the military? Remember that we are your first line of defense. We are the ones making sure you are safe at night. I was in the military so I'm not discrediting them, but ,logically, I would be there first to save you.
People that have a natural nystagmus and most police stations won't make an arrest based solely on the hen test.
COMMANDERAVANT 1 month ago
Dont forget poor operation of the vehicle which is why the vehicle is stopped in the first place. And then there is the ever present odor of alcoholic beverage that hits the cop in the face when the window comes down.
There are three field sobriety tests done roadside. If you fail those you come in for a breath/blood/urine test. Which could prove you not to be impaired. I think people have more than enough opportunity to show that they are not intoxicated.
fabsala 2 months ago
@fabsala I happen to disagree. Not everyone is stopped for "erratic" driving. I have been stopped or not having my headlights just as I pulled out of a parking garage. The officer asked if I was drinking and I said yes ( I had 2 beers.) If wanted to do some tests on me and of course the first one is the eye test. I actually have congenital nystagmus and informed them of that. With that in mind, the officer gave some more tests which I passed.
DAllen1738 2 months ago
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DONT READ THIS CAUSE IT ACTUALLY WORKS.YOULL BE KISSED ON THE NEAREST POSSIBLE FRIDAY BY THE LOVE OF YOUR LIFE.TOMORROW WILL BE THE BEST DAY OF YOUR LIFE.HOWEVER IF YOU DON NOT POST THIS TO AT LEAST THREE VIDEOS YOULL DIE WITHIN TWO DAYS.NOW YOUVE STARTED REDING THIS DONT STOP.THIS IS SO SCARY PUT THIS ON AT LEAST FIVE VIDEOS IN THE NEXT 143 MINUTES WHEN YOUR DONE PRESS F6 AND UR LOVERS NAME WILL APPEAR ON THE SCREEN IN BIG LETTERS THIS IS SCARY CAUSE IT ACTUALLY WORKS
icecubes1324 3 months ago
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i need help, i have a extrememly bad case of nystagmus and i am 18 yrs old. just started college and i thought i got alot of greif for having this problem before but that was nothing compaired to what i am getting now from random people on a dayly basis. i just need some help or advice on like how to control it or slow it down somehow. if u can help please e mail me at
codeytamez@gmail.com thank you
4ucodey 4 months ago
Only a breathalizer or blood test would be considered, however I am not certain if my medication would affect the results without a full series of expensive blood labs. btw I have never done any type of drugs and do not drink.
pjhogie 5 months ago
It would be an insult to those not impaired to be treated as such based on these tests. I myself have a post concusive disorder with chronic vestibular disfunction (balance) from Iraq and would fail all this test, a heal toe test, head back with ees open or closed test, etc... I am however completely safe to drive in a seated position.
pjhogie 5 months ago
what aloada shit!
nealey2k7 5 months ago
@nealey2k7 science, what a load of shit! lol
koole1391 5 months ago
@koole1391
yeah but unfair when you were born with this condition, just my opinion though.
nealey2k7 5 months ago
Comment removed
koole1391 5 months ago
Guess what thats why they run 3 field tests and then you can blow if you dont refuse. Also if you werent driving like an idiot you wouldnt have been pulled over and before someone says anything like "oh but what about ppl with disablities". They shouldnt be driving if its bad enough to be pulled over. 99% of police officers are trying to protect families from being killed by drunk drivers.
bloodsimple45 8 months ago
Best video I can find on HGN - has actual impaired person demonstrating the effect - shame there isn't a more intoxicated example as well. MW
martinwinlow 9 months ago
Best video I can find on HGN - has actual impaired person demonstrating the effect - shame there isn't a more intoxicated example as well. MW
martinwinlow 9 months ago
Hey, as someone with Law Enforcement experience, officers do ask a subject about physical or any Neurological history.
Also, just because someone has Nystagmus does not mean they are put into cuffs and hauled off.
jeremygweber 11 months ago
URRF URRF LISTEN, WHAT? "pcp, ketamine and... DMX".... WHAT? first we gonna rock, then we gonna roll.
then we let it pop, go let it go. (our eyes) UHUH 3:45
SpenserRoger 1 year ago
@SpenserRoger Um... What?
martinwinlow 9 months ago
"pcp, ketamine and dmx".... lol, first we gonna rock, then we gonna roll.
SpenserRoger 1 year ago
This guy went "years" before figuring out that someone WASN"T looking at the stimulus?!?!? Most officers figure that out the first time they try and administer the test.
paleroller 1 year ago
You get pulled over for say having a brake light out or turn signal not working, that does happen, and you cannot prevent it 100% of the time... without serious mods to your car.
With the probable cause then they can search / arrest you?!!?
Good to know a medical condition can be a crime too!
nhtsa.gov/people/injury/enforce/nystagmus/hgntxt.html
"As a result, law enforcement officers in a number of jurisdictions use the HGN test only for purposes of establishing probable cause"
markjohnston73 1 year ago
Officers check for three things before beginning the HGN examination:
1. Equal pupil size (potential neurological conditions that would require EMS).
2. Equal tracking (both eyes track the stimulus back and forth, no lazy eye, etc.).
3. Resting nystagmus (the eyes jerk around while the subject is looking straight ahead).
This is merely one part of the standardized field sobriety tests. Remember, there's "walk-and-turn" and "one leg stand" for you to also make excuses for failing.
rabbitsox 1 year ago 6
@rabbitsox Those w/ infantile nystagmus also have difficulty passing balance/coordination tests. I have infantile nystagmus. Officers don't ALWAYS follow the checks you list. I wasn't even presented with a stimulus, yet I failed the HGN!? No breath test. And only reasonable suspicion was required, not probable cause, for DUI arrest. I think someone owes me the 7K I incurred in the 3 yr fight to get the charge dropped. I HATE drunk drivers more than ANYONE! Arrest/suspension won't stop alcoholics
TheMerryMaiden 1 year ago
what really makes me mad, is they did not MENTION anything about Neurological Disorders - Like MS, Motor Neuron Disorders, Brain Tumors, Stroke - People who have legitimate Neurological Disorders that would cause people with these to FAIL a field Sobriety test. Heal to toe, walking on heals, head back with eyes closed. These people need more education and speak about ALL POSSIBILITIES in detail instead of making EVERYONE with these problems as a suspect of being under the influence
seandamondotcom 1 year ago 14
@seandamondotcom That is discussed in the police academy as well as in service class and/or Drug Recognition Expert. It is always taken into consideration and THREE tests are done including the HGN/VGN, One Leg Stand and the Walk and Turn.
SarahLouiseKathryn 9 months ago
@seandamondotcom That's covered in the training and hopefully is taken into account during administration
koole1391 5 months ago
@seandamondotcom As police officers before we conducy ANY of these tests we are required to ask Do you have any medical problems?
amschoonover 3 months ago
@seandamondotcom As police officers before we conducy ANY of these tests we are required to ask Do you have any medical problems? Not to mention there are several other tests, a preliminary breath test and others before a DUI is charged!
amschoonover 3 months ago
@seandamondotcom That is why they have portable breath tests.
ukillinmepeety 1 month ago
@ukillinmepeety I agree.. But that does no good if it's not alcohol in question. Any substance affects the Central Nervous System. Once I tell the officer YES I do have a Medical Condition (Mine is a Motor Neuron Disease) is he or anyone else on duty really going to know the physical deficits and findings associated with my disease? Or will they just assume I am under the influence first?
seandamondotcom 1 month ago 2
@seandamondotcom If they did feel that you are intoxicated and they do arrest you, you will be able to fight it out at the magistrates office. Even if they do jail you, you can fight it in court with medical documentation. You would then file a formal complaint against the officer that arrested you for no real reason and then you're rich!!!
ukillinmepeety 1 month ago
what really makes me mad, is they did not MENTION anything about Neurological Disorders - Like MS, Motor Neuron Disorders, Brain Tumors, Stroke - People who have legitimate Neurological Disorders that would cause people with these disorders to FAIL a field Sobriety test. Heal to toe, walking on heals, head back with eyes closed.
These people need more education and speak about ALL POSSIBILITIES in detail instead of making EVERYONE with these problems as a suspect of being under the influence.
seandamondotcom 1 year ago 3
Natural Nystagmus is present in approximately 2-5% of the population.
lillyiggie 1 year ago
To answer the comment of u2b9876: Yes, these "goon" cops are trained to know what congenital nystagmus is and what the difference is. If they are using HGN, they have to be properly trained in it so I wouldn''t call them "ignorant".
honorman425 1 year ago
Not once do these goons mention congenital nystagmus (the kind your born with). I wonder if cops are trained to even know what congential nystagmus is? Or if they see someones eyes moving a certain way, do they just assume they are drunk or on some other drug? I've had nystagmus since birth, yet I can drive easily. Nice to know I'll be subjected to DUI tests if the cop sees my eyes moving.
u2b9876 1 year ago
I've had nystagmus since birth. I don't drink and drive. But I'm paranoid that if I get pulled over for some other reason, the ignorant cop will accuse me of drinking. I'd fail this test even if I was stone cold sober. If I ever get falsly accused of DUI, I'll have the ACLU on you quicker then stink on crap.
u2b9876 1 year ago
@u2b9876 A positive result for Nystagmus alone won't lead to a DUI charge. In fact, Nystagmus test's are only initiated as part of a Field Sobriety Test and then only after other factors have led the officer to believe someone's driving is impaired. These factors can include but are not limited to; an odor of an alcoholic beverage emanating from their breath and person, red and watery eyes and slurred speech.
Topher627 1 year ago
@u2b9876 If you dont drink and drive like you clam then you should have no worries dumb fuck
DEREK1131 1 year ago
@DEREK1131 I believe you meant "claim", Einstien. I don't drink and drive, but I could still get falsely accused and harrased with this test. Now shut your cock holster.
u2b9876 1 year ago
policias hijos dep uta
dimaggiometal 1 year ago
I was pulled over on my way home one night, was given the field sobriety test, they gave me this Nystagmus test. He said my eye was twitching, so he put me in the back of his squad car and have me blow into his little machine. I blew a 0.00. He reset it, had be blow again, and I blew a 0.00. He let me go.
squirreljester2 1 year ago
@squirreljester2 It might be because you have had a previous head injury. Previous concussions or other head injuries usually causes nystagmus at 45 degree deviation.
Keenbean89 1 year ago
That dumb cop says, "PCP, ketamine, DMX". It's DXM!
DMX is a rap artist or something.
JoshSitar 1 year ago 4
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folks with medical conditions....you should certainly have your medical documentation with you. That being said..if you KNOW, that you have a condition(s) that could lead an officer to believe you were intoxicated, you should not have even a sip of alcohol. You are just opening yourself up for trouble. There are a TON of medications that clearly say on the prescription that you shouldn't drive or operate a motor vehicle./heavy machinery. If you are on morphine...you should NOT drive
ryanh5 1 year ago
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folks with medical conditions....you should certainly have your medical documentation with you. That being said..if you KNOW, that you have a condition(s) that could lead an officer to believe you were intoxicated, you should not have even a sip of alcohol. You are just opening yourself up for trouble. There are a TON of medications that clearly say on the prescription that you shouldn't drive or operate a motor vehicle./heavy machinery. If you are on morphine...you should NOT drive
ryanh5 1 year ago
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folks with medical conditions....you should certainly have your medical documentation with you. That being said..if you KNOW, that you have a condition(s) that could lead an officer to believe you were intoxicated, you should not have even a sip of alcohol. You are just opening yourself up for trouble. There are a TON of medications that clearly say on the prescription that you shouldn't drive or operate a motor vehicle./heavy machinery. If you are on morphine...you should NOT drive
ryanh5 1 year ago
folks with medical conditions....you should certainly have your medical documentation with you. That being said..if you KNOW, that you have a condition(s) that could lead an officer to believe you were intoxicated, you should not have even a sip of alcohol. You are just opening yourself up for trouble. There are a TON of medications that clearly say on the prescription that you shouldn't drive or operate a motor vehicle./heavy machinery. If you are on morphine...you should NOT drive
ryanh5 1 year ago
Notice the test conducted at 1:56. The sweeps are nowhere maintained for the lenght of time as the ones hels on the .117 test
flipmstr2 2 years ago
I have nystagmus as well due to a neurological condition and on morphine. I wasn't told i can't drive with this by any of my doctors. I also cant do heel toe so i am glad i have a number of medical things in my wallet to show my medical condition. i also don't drive sick.
kirafaye 2 years ago
Probable cause for arrest must be established prior to a breath test. PBTs have gone extinct. They are voluntary and simply do not identify impairment. Also, they do not measure the amount of non-alcohol drugs that may impair a person.
ARod77th 2 years ago
I did a ride along with the DWI unit night shift. We were called to a suspicion of DWI. The officer i rode with is a DWI expert so while i was sitting in the car i watched him perform the horizontal gaze nystagmus test. The guy failed. This DWI suspect was about 450+ pounds so he wasn't able to do the walk and turn, or one leg stand. The officer did also administer the finger count in which he also failed. We went back to the station where the guy blew a three times the legal limit.
chechnya 3 years ago
i feel that this is quite unfair towards us who have had nystagmus from birth.
rosiepybus1991 3 years ago 17
HGN and congenital nystagmus are entirely different. If you have congenital nystagmus, it will generally be immediate onset as opposed to a certain degree of an angle. Also, HGN is horizontal while congenital nystagmus causes in involuntary jerking which may be up down or even diagonal. Those that have been trained in the HGN test and have seen congenital nystagmus have little difficulty in differentiating between the two.
ARod77th 3 years ago
^^This is not correct. Most congenital nystagmus IS horizontal and happens whether you're looking at an angle or straight. My eye doctor says police can't differentiate between ACQUIRED nystagmus from intoxication and CONGENITAL Infantile type nystagmus. The appearance is EXACTLY the same. Just ask people to BLOW BLOW BLOW BLOW. Problem solved! Yay!
Gisella14 2 years ago
My own doctor attempted to argue the same point. I astounded him with my knowledge of eye movement. The test was not developed by police officers, but instead has evolved under countless research and analysis. The eye movement observed is specific in regards to CNS Depressants, inhalants, and dissociative anasthetics. The key is the angle of onset. Congenital nystagmus can be easily identified (even by an officer). Blowing into a machine is not the answer.
ARod77th 2 years ago
I would invite your eye doctor to address this issue at the next impaired drivinig conference which will take place in Arkansas. Your doctor can argue his points with Doctor Karl Citek. Citek is a leader in the testing of subjects in regards to HGN. The AOA has recognized the direct relationship between BAC and HGN. Congenital Nystagmus will manifest itself at any angle...and often appears at immediate onset.
ARod77th 2 years ago
I have congenital nystagmus. I was stopped, and my person/vehicle were seized in less than 10 minutes. No breath test. No Field tests. The cop said I "failed the HGN" but he never actually held a stimulus for me to follow. I had no indication my eyes were the basis for his decision and have no criminal history. I hadn't had anything to drink, hadn't taken drugs...just very obvious Congenital Nystagmus. Given a blood test at the jail and held hours 4 my antidepresant? Years pass. Still no trial.
Gisella14 2 years ago
Not every officer is skilled in his or her detection of impaired drivers. I would suggest that you employ appropritate counsel; however, your situation does not invalidate the HGN test.
ARod77th 2 years ago
If you can't guarantee that every officer is skilled, then that is a REAL problem. Officers must be skilled if they are allowed to graduate, right? I hate drunk drivers as much as everyone else, but I have suffered enough from just having this medical condition my whole life. It makes me very unsteady on me feet, also. I'm now scared to drive, and fear this will happen again. There must be a better way to train officers to determine intoxication. When is the conference?
Gisella14 2 years ago
Officers must be skilled in the basics of law enforcement. Their are many subjects within police work that require further specialized training and/or recurrent in-service training. Unfortunately, this does not always take place. If you are unsteady on your feet, that may be why an SFST was completed on you. I suggest a letter from your doctor articulating a natural nystagmus. I have seen such a letter. I was also able to identify congenital nystagmus before the letter was presented.
ARod77th 2 years ago
Anti-depressants will cause HGN. They fall under the same category as ethel-alcohol. The saccadic movement would be present during the lack of smooth pursuit portion of HGN. Distinct and sustained nystagmus would also be present. Whether an angle of onset prior to 45 degrees would depend on the dosage and tolerance. All CNS Depressants may cause impairment. It is a legitimate charge of DUI or DWI if a person is determined to be under the influence and impaired by it.
ARod77th 2 years ago
So the millions of people that take antidepressants everyday now have to worry they will be charged with DUI? How do they determine if you are impaired by it? We need better lab tests, I guess. My eyes always move and my balance is very bad from the congenital nystagmus. What field test should I request? Do you think presenting a letter from a doc would help me?
I appreciate you discussing this with me, by the way. Thank you.
Gisella14 2 years ago
A letter from your eye doc may help. Does your condition effect your driving ability? Also, during the SFST, it is beneficial to the investigation to find out what medical conditions, if any, may be causing impairment or perceived impairment. The purpose of a drug evaluation is to determine if impairment is present and if that impairment is due to the administration of a substance or if it is due to a medical condition. There are many conditions that can mimic drug impairment.
ARod77th 2 years ago
It doesn't effect my driving. I wear glasses, don't drive at night, and my brain has learned to stabilize the moving image it is receiving since I was born this way. I actually wasn't given any SFST. The report said I failed the HGN and was "too unsteady on my feet to preform any FST." But he didn't preform the HGN test from what I've read in the training manual. My eyes always shake, so it's not related to the medication (which actually decreases the natural nystagmus in my case.)
Gisella14 2 years ago
Some doctors have prescribed contacts to decrease the congenital nystagmus...Has your doctor ever done that? And the SFST is never a pass or fail test. To say it is would be to quantify it in some way. It is a divided attention test to determine if someone is able to operate a motor vehicle or do other things that divide one's attention. Many officers do not administer the SFST as they should. It is a shame.
ARod77th 2 years ago
@Gisella14 No, millions of people on anti depressants IF taking their medication as prescribed by the doctor, should not have anything to worry about. However, those medications do most likely say not to drive on them. Remember, I can claim to be prescribed xanax under a doctors care...however, if my script says take 1 day and I take 5...should I be driving? Would you want to ride with me? Put your loved ones in the passenger seat with me?Over/self medicating is a HUGE problem in this country.
ryanh5 1 year ago
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@Gisella14 No, millions of people on anti depressants IF taking their medication as prescribed by the doctor, should not have anything to worry about. However, those medications do most likely say not to drive on them. Remember, I can claim to be prescribed xanax under a doctors care...however, if my script says take 1 day and I take 5...should I be driving? Would you want to ride with me? Put your loved ones in the passenger seat with me?Over/self medicating is a HUGE problem in this country.
ryanh5 1 year ago
A tox test may not even turn up the specific depressant drug due to the limitations of the lab performing the tests. Novel drugs in this specific category are being developed for which no test exists. Also, in order to test for many CNS Depressant drugs, the specific drug needs to be identified. For instance: Carisoprodol, if not identified as a possibility, may not be tested for in a tox screen. This would lead to a negative screen.
ARod77th 2 years ago
When and in what city is the impaired driving conference? I will let my doctor know.
Gisella14 2 years ago
ITA, only I feel it's unfair to anyone who has vision, other neurological diseases or problems and diabetics who happen to have low blood sugar at the time. Lots of them have died lately beccause cops think they're drunk and combative. I think cops need to stick to breathalyzers and stop trying to diagnose drinking.
FeliciOlivar 2 years ago
As a DUI enforcement officer, I would glady advise you guys that you all have legitimate claims and concerns. I would like to also say we are trained and skilled professional and would be able to differentiate between someone who has a medical disorder, which we ask before we conduct the test, or someone who is impaired buy alcohol or other means.
bjharty1983 9 months ago
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As a DUI enforcement officer, I would glady advise you guys that you all have legitimate claims and concerns. I would like to also say we are trained and skilled professionals and would be able to differentiate between someone who has a medical disorder, which we ask before we conduct the test, or someone who is impaired by alcohol or other means.
bjharty1983 9 months ago
@rosiepybus1991
That's why officers ask before they administer the nystagmus , "Do you have any medical or optical conditions?"
arnoldstwin36 8 months ago
@rosiepybus1991 Then theyd give you a pbt and that would prove your guilt.
Malika1 7 months ago
@rosiepybus1991 I agree I have had nystagmus from birth and when I got pulled over once it took a half hour to convince the officer that my was not from drugs but that I was born with it.
NCC74913 2 months ago
I didn't know people who don't have hgn could experience it. How weird!
I do have it -all the time- and so through my own experiences I have noticed that alcohol does make it worse. I have also noticed that, in my case, caffeine or extreme tiredness make it worse as well. Also, even without comsuming alcohol or caffeine, I find it very difficult to read those horizontal scrolling marquee signs. It just sort of sends my eyes into a frenzy.
reinventingMia 3 years ago
Its true some people have natural types of nystagmus. But there are differnt types nystagmus such as rotational nystagmus. Very few people naturally have horizontal gaze nystagmus. I have been a cop for years and HGN is the most reliable field sobriety test by.
jmw61075 3 years ago
Just to back up (Not that he needs it) what jmw is saying. We first look for resting nystagmus and uneven pupils when we begin the test. I just finished the SFST course. This video was mentioned. I spoke to a DRE (Drug Recognition Expert) who gave the course and debunked what the second officer in this video was saying. "I can instantly tell if you are not looking at the stimulus, by just paying attention to how your eye moves with it until we reach max deviation!"
jimmymac63 3 years ago
Gisellea14. You are actually showing your ignorance. You are displaying the stereotype that people place on us. College degree, yes. Trained in detected nystagmus, yes. One of the things taught in HGN courses is that people some people are born with natural nystagmus. So, your just another person throwing out the same old excuses that have been tried many times. People in my job do it because they want to, not because they can not do anything else.
jlwright755 3 years ago
The Field Sobriety test is a scam.. it was made for you to fail.. I failed this last night and was arrested for DUI.. once at the county jail.. I was breath tested and urine tested proving my sobriety so the DUI was dropped..
It does not prove intoxication.. it is a way to go through the motions to put you under arrest..
njrivetelite 4 years ago
Waaaaaaa. Eight years on patrol and I could tell what someone would blow on the breath test just by using this test. I was proven right every time. Every case ended in a guilty plea because they were DUI. So waaaaaaaaaaaaaaa. I guess you're just another poor mistreated person.
jlwright755 3 years ago
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Gisella14 3 years ago
Gisella14. I've worked with officers who have Engineering degrees and who have given up full ride scholorships to major universities because this is what they want to do. One thing I've learned thoughout life is that a college degree does not mean your intelligent or even smart. Most of the biggest idiots I've met have been college graduates.I was also in the military. One thing I learned is that everyone praises the military as heroes but spit on the ones who actually keep YOU safe EVERYDAY.
jlwright755 3 years ago
Also, the Field Sobriety Tests were developed and decided upon by doctors and scientists. Unless you're smarter than all of them, I suggest you stick to your job. Wow, the dumb cops have taken extra precautions to ensure the tests are valid and scientifically proven to be indicators of intoxixcation. Oh yeah, thanks for showing your maturity by wishing something ill of my chidren.
jlwright755 3 years ago
No wonder everyone hates the police.
jewishcow 3 years ago
But you'll still call them when you need help and even though you "hate us" we'd still put our life on the line to save yours. Kinda blows the theory that we're just out there to screw you over doesn't it. What have you truelly done to save lives or make the world better?
jlwright755 3 years ago
Wrong! I will not call the police for any reason. I handle my own issues, settle my disputes with my friends, family and neighbors without police entanglements. I do not need to be lectured by someone who is no better than I am or considered a suspect when I am reporting a crime. This is why I've learn to avoid any all all law enforcement. If more people would respect themselves and others there would be no need for the police or their egos
greenbeana214 2 years ago
Every DUI I made I treated the person with the upmost respect and was absolutely positive that they were too intoxicated to drive before arresting them. Each of those arrests potentially saved your life or the life of one of youor friends or family members. Do you support the military? Remember that we are your first line of defense. We are the ones making sure you are safe at night. I was in the military so I'm not discrediting them, but ,logically, I would be there first to save you.
jlwright755 3 years ago
My Training Department wouldnt train me on the HGN Test, so this video really helps. thank you
Aim4TheMedic 4 years ago