Atlanta, Georgia Horizontal Gaze Nystagmus Test

When an officer stops a driver on suspicion of driving under the influence (DUI), he or she must first gather evidence that the driver is actually intoxicated before an arrest can be made. One way to do this is by administering field sobriety tests. Designed by the National Highway Traffic Safety Administration (NHSTA), these tests are supposed to help an officer gauge a driver’s blood alcohol content (BAC) in order to prove drunk driving. Atlanta law enforcement agents use three standardized test to prove intoxication: the horizontal gaze nystagmus, the one-leg stand, and the walk-and-turn test.

The horizontal gaze nystagmus test was created to measure the nystagmus (or jerking) in the eyes that becomes more pronounced after consumption of alcohol. To administer this test, the officer will ask you to follow a small object (such as a penlight) with your eyes without moving your head. While you are doing this, the officer is watching for three things: whether you are able to follow the object smoothly with your eyes, whether nystagmus occurs before your eyes reach a 45 degree angle, and whether your eyes sustain nystagmus while at maximum deviation (that is, all the way to the side). The officer looks for these three clues in each eye, for a total of six clues. If you exhibit four or more clues, you can be arrested for DUI.

The Atlanta, Georgia horizontal gaze nystagmus test has several problems. The first is that this is considered to be the most scientific of the three field sobriety tests and may be seen as credible by the jury. To combat this impression, you need a qualified Atlanta DUI lawyer on your side who knows the test’s shortcomings and can disprove the results.

The other problem with the horizontal gaze nystagmus test is that there are a host of medical ailments and eye problems that can cause involuntary jerking. Brain tumors, neurological disorders, and eye conditions could potentially cause a sober person to fail this test. Because police officers are not trained physicians, they may not be able to differentiate between intoxication and physical disorders.

If you were arrested for DUI after failing the Atlanta, Georgia horizontal gaze nystagmus, please submit your contact information online today to get in touch with an experienced defense lawyer.