Horizontal Gaze Nystagmus Test
Gold & Witham is comprised of capable professionals who look to give those accused of drinking and driving aggressive defense. During our time in legal practice, we have continued to develop not only our skill, but our understanding of the legal system. We have seen many suspects not given a fair chance and convicted for a crime they did not commit or given higher repercussions than the crime deserves. Our DUI attorneys argue on behalf of those accused of drunk driving.
Testing Horizontal Gaze Nystagmus
When an officer believes you have been drinking and driving, they may ask you to submit to field sobriety tests. You legally to have the right to refrain from doing so but will be penalized for it. One of the things they will look at is your eyes. They may use a pen, flashlight, or other tool that they will hold 12 to 15 inches away and tell you to follow with your eyes.
They are testing at this point for horizontal gaze nystagmus
What is nystagmus?
Nystagmus is involuntary eye movement acquired through various means, including intoxication. There are two types of nystagmus caused by alcohol, but officers will only test for alcohol gaze nystagmus. In this type, the eye will begin to lag when following an object and will jerk in attempt to catch back up to it. Also known as the HGN test, they will be looking for three clues in both eyes when they conduct this test. This includes the following:
- Smoothness in following the object
- Onset of nystagmus before reaching 45 degrees
- Clear nystagmus at maximum deviation
DUI Defense in Los Angeles, CA
There is significant criticism of this test for being inaccurate, and our firm can look to defend against it if a field sobriety test is being used in charges against you. Building a strong case is important, and we can investigate your charges to find any evidence that can be used.
Want to know more about the HGN test? Need aggressive defense? Call now for your free consult!
