Horizontal Gaze Nystagmus Test Defenses

If you were recently arrested for driving under the influence of alcohol (DUI), you may be concerned about the evidence that will be used in your case. From your breath test results to your performance of field sobriety tests, it may seem as if there’s an overwhelming amount of material that can be used against you in court. However, what you may not realize is that much of the information obtained during your arrest can be easily challenged by a skilled DUI defense attorney—including the results of a horizontal gaze nystagmus test (HGN test).

Although you may not have realized what it was at the time, an HGN test is one of the most common field sobriety tests officers administer to suspected DUI offenders. During the test, a small object (such as a pen or flashlight) is placed directly in front of the driver’s face and waved from side to side. As the driver watches the object, the officer observes his or her eyes to check for signs of nystagmus—an involuntary jerking that often occurs when a driver is under the influence of alcohol.

To determine whether a person passes or fails an HGN test, the officer will evaluate his or her ability to track the object as it is moving. If the individual is unable to perform the procedure, the officer may then make an arrest. Unfortunately, the HGN test is not the most reliable way to identify a drunk driver. In fact, research indicates that a number of factors other than intoxication can cause a person to fail the test—38 according to the Maryland Court of Special Appeals.

Indeed, in the 1995 Schultz v. State case, the Maryland court found that many common medical conditions could lead to an incorrect test failure. Inner ear problems, influenza, hypertension, arthritis, and glaucoma are just a few of the conditions that were proven to affect a driver’s performance. In addition, the court also determined that using substances such as aspirin, antihistamines, caffeine, and nicotine could also cause a driver to exhibit signs of nystagmus.

Whitney Polson, a Birmingham DUI attorney in Alabama, says "Given the number of things that can affect a person’s ability to perform an HGN test, it’s easy to see how so many drivers are falsely arrested for DUI due to inaccurate HGN test results." If you were charged with driving under the influence after an officer conducted a horizontal nystagmus test, it is important to discuss your case with an experienced legal professional immediately after your arrest. In many cases, a knowledgeable attorney may be able to prove your test results are inaccurate and prevent them from being used against you in court.

To learn more about the horizontal gaze nystagmus test defenses, submit your information online today to receive a free, no-obligation consultation with a skilled DUI defense attorney in your area.

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