Feature Article: Understanding the Horizontal Gaze Nystagmus Test in DUI Cases
Driving under the influence (DUI) is a serious offense that affects not just the driver, but also other road users. In an effort to curb the number of drunk driving incidents, police officers use various tests to check if a driver is under the influence. The most common of these tests is the Horizontal Gaze Nystagmus (HGN) test. In this article, we'll explore the HGN test, what it involves, how it is used in DUI cases, and how an experienced DUI lawyer can help ensure that the test is conducted fairly and accurately.
What is the Horizontal Gaze Nystagmus Test?
The Horizontal Gaze Nystagmus is a type of eye test that police officers use to determine if a driver is impaired. It involves asking the driver to follow a moving object, usually a pen or flashlight, with their eyes. The officer looks for any involuntary jerking of the eyes, which is an indication of nystagmus. Normally, nystagmus is caused by factors such as neurological disorders or brain injuries. However, when a person has had too much to drink or taken certain medication, it can also cause nystagmus.
How is the HGN Test Used in DUI Cases?
When a driver is pulled over for suspicion of driving under the influence, the investigating officer may conduct various tests to check if the driver is impaired. The HGN test is often the first test that is conducted. If the driver exhibits six or more clues of nystagmus, it's usually an indication that the driver has a blood alcohol concentration (BAC) level of 0.10 or higher, which makes it illegal to drive in most states. However, the results of the HGN test are not always conclusive, and they can be affected by various factors such as fatigue, the driver's medical conditions, and even the officer's technique in conducting the test.
When is the HGN Test Not Accurate?
While the HGN test is widely used by police officers to detect impairment, it's not always accurate. There are various reasons that may cause the test results to be unreliable or invalid:
- Medical conditions - Certain medical conditions such as epilepsy, brain injuries, and even inner ear problems can cause nystagmus and give false positives.
- Other factors - The HGN test can be affected by various other factors such as the driver's age, fatigue, and even the weather or lighting conditions.
- Officer error - The HGN test requires a certain level of skill and training to correctly administer, and not all police officers are adequately trained to conduct the test. Officer error can lead to false positives and wrongful arrests.
How Can a DUI Lawyer Help?
If you have been arrested for a DUI based on the results of an HGN test, it's important to seek the assistance of an experienced DUI defense attorney who can help ensure that the test was administered correctly and that your rights were not violated. An experienced lawyer can help in the following ways:
- Raising defenses - Experienced attorneys know how to challenge the results of HGN tests and raise valid defenses against DUI charges.
- Examining the evidence - Lawyers can use various tools such as discovery motions to examine the evidence presented by the prosecution to determine the accuracy of the HGN test results.
- Negotiating plea bargains - Sometimes, negotiating a plea bargain is the best option for avoiding harsh penalties. An experienced DUI attorney can negotiate for reduced charges or probation instead of jail time..
The Bottom Line
While the HGN test is a useful tool for detecting impairment in DUI cases, it's not always accurate. If you've been charged with a DUI based on the results of an HGN test, seek the assistance of an experienced DUI defense attorney who can help ensure that your rights are protected and that you receive a fair trial.
HGN Test in DUI Cases - Arja Shah Law
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