Galveston DWI Attorney - HGN field sobriety test Horizontal Gaze Nystagmus - Brian Foley Board Certified in Criminal Law.
When it comes to defending against charges of driving while intoxicated (DWI) in Galveston, understanding field sobriety tests is crucial. Among these tests, the Horizontal Gaze Nystagmus (HGN) test is often used by law enforcement to detect impairment. But what exactly is the HGN test, and how does it work? Let's delve into its history, administration, and its role in DWI cases.
The History of the HGN Test: The Horizontal Gaze Nystagmus test traces its origins back to the 1970s when researchers began to explore the correlation between alcohol consumption and involuntary eye movements. Nystagmus refers to the involuntary jerking of the eyes, which becomes more pronounced under the influence of alcohol or certain drugs. Law enforcement agencies adopted the HGN test as a tool to detect impairment during traffic stops, relying on the premise that alcohol consumption can lead to distinct eye movements.
Administering the HGN Test: During the HGN test, the officer asks the suspect to follow a stimulus, such as a pen or flashlight, with their eyes as it moves horizontally. The officer observes the suspect's eyes for three specific indicators of impairment:
Lack of smooth pursuit: Normally, the eyes should smoothly track the stimulus. However, if the eyes jerk or bounce involuntarily as they move, it could indicate impairment.
Distinct nystagmus at maximum deviation: When the stimulus is moved to the side, the officer looks for distinct nystagmus (jerking) when the suspect's eyes reach their maximum deviation.
Onset of nystagmus prior to 45 degrees: The officer checks for the onset of nystagmus before the eyes reach a 45-degree angle from center.
Understanding the Interpretation: It's important to note that while the HGN test can provide valuable insights, it is not foolproof. Several factors, including medical conditions, fatigue, and environmental factors, can influence eye movements. Additionally, improper administration of the test can affect its reliability. Experienced Galveston DWI attorneys like Brian Foley understand the nuances of the HGN test and can effectively challenge its validity in court.
Challenging the HGN Test Results: As with any field sobriety test, the results of the HGN test are subject to interpretation. A skilled defense attorney can challenge the accuracy of the test by examining factors such as the officer's training, the conditions under which the test was administered, and any potential biases. Additionally, medical conditions or other factors affecting the suspect's eyesight can be brought into consideration.
Conclusion: The Horizontal Gaze Nystagmus test is one of several field sobriety tests used by law enforcement to detect impairment during DWI stops. Understanding its history, administration, and limitations is essential for anyone facing DWI charges in Galveston. With the help of an experienced criminal defense attorney like Brian Foley, individuals can mount a robust defense against HGN test results and other evidence presented by the prosecution. If you're facing DWI charges, don't hesitate to seek legal guidance to protect your rights and ensure a fair trial.
For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.
For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.
For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if it’s something important.
Comments