Blood alcohol content is often a major factor in DUI cases. While BAC is a key piece of DUI cases, there are three field sobriety tests that do not rely on a Breathalyzer test. The results of these tests can be used as a basis to make an arrest and can also be used as evidence against the defendant.
Follow the Light
The horizontal gaze nystagmus (HGN) test is a test used by law enforcement officers to gauge a person’s level of impairment. Nystagmus is a vision condition where the eyes make uncontrolled movements. It is often accepted that a person who is intoxicated will have these eye movements. A person who fails their horizontal gaze nystagmus test will almost certainly be arrested for a DUI.
While administering the test, the officer will move a flash light or object from side to side in front of the suspect’s face, carefully watching for signs of uncontrolled or erratic eye movement (nystagmus).
The Eyes Have It
Nystagmus is common and can be caused by conditions other than intoxication. If you or someone you know has been arrested for DUI due to a fail nystagmus test, it is essential to get professional legal help as quickly as possible. The attorneys at the Hunsucker Legal Group know DUI defense and how to argue against invalid tests of sobriety.
Contact us today to schedule a free review of your case.
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