Georgia HGN Test
In Georgia, law enforcement agents are trained on the three NHTSA field sobriety tests. Known as standardized field sobriety tests, these include the walk-and-turn test, the one-leg stand test, and the Horizontal Gaze Nystagmus.
Of the three tests, the Horizontal Gaze Nystagmus, or HGN, is known as the most reliable, with 77% to 88% accuracy when administered correctly. It is the only standardized field sobriety test that is known to be scientific – yet up to nearly a quarter of the time it may be unreliable.
Nystagmus is the involuntary jerking of the eyes. This jerking becomes more pronounced in individuals who are impaired by alcohol. In order to look for nystagmus, the officer will ask the driver to follow a pen or flashlight with his or her eyes while keeping the head still.
During the test, the police officer must look for lack of smooth pursuit, the onset of nystagmus before reaching 45 degrees, and sustained nystagmus while at the maximum deviation. The officer will look for these three clues in each eye, for a total of six clues altogether. If the officer says that he or she witnessed four clues, the driver fails and meets arrest criteria.
Due to its reputation as being the most reliable of the field sobriety tests, the HGN test can be the most damaging in court. It is important that your defense attorney be able to challenge this test.
There are approximately 100 causes of nystagmus that are unrelated to alcohol consumption. Nystagmus may be related to vision problems, such as extreme near or farsightedness or scars on the retina or optic nerve. Brain tumors and other serious neuralgic disorders may cause nystagmus.
Police officers are not trained ophthalmologists. Even if nystagmus exists in a driver who has been stopped, it’s impossible for a police officer to state with absolute certainty the cause. Wouldn’t you like an experienced attorney who knows how to capitalize on this issue?
Qualified Atlanta DUI defense attorney Frank Gomez can help you during this stressful time in your life. He has successfully challenged Horizontal Gaze Nystagmus tests and realizes the weaknesses and problems that lie with this standardized field sobriety test.
If you are interested in having highly-recommended attorney Frank Gomez contact you, please fill in our online form.
