CALIFORNIA CRIMINAL LAWYERS

What Is an Officer Looking for During the Horizontal Gaze Nystagmus Test?

The Importance of the Horizontal Gaze Nystagmus Test in DUI Arrests

A DUI arrest can seriously affect your life. If you’re pulled over by a police officer and he suspects that you’re driving under the influence, he will likely administer field sobriety tests to determine your level of intoxication. One of the tests that the officer might use is the horizontal gaze nystagmus test, which has proven to be one of the most accurate of all the field sobriety tests. In this article, we will explore the importance of this test and how it can impact your case.

What is the Horizontal Gaze Nystagmus Test?

The horizontal gaze nystagmus test is a field sobriety test that measures a person’s level of intoxication. It is performed by having the driver follow a pen or a finger with his eyes as the officer moves it from side to side. The officer is looking for three indicators of intoxication: the lack of smooth pursuit, the onset of nystagmus, and distinct nystagmus at maximum deviation. Each indicator is counted as one point, and the driver fails the test if he accumulates four or more points.

The Benefits of the Horizontal Gaze Nystagmus Test

The horizontal gaze nystagmus test is considered one of the most reliable field sobriety tests because it is accurate in detecting impairment from drugs or alcohol. It is also one of the easiest tests to administer and can be conducted on the spot. Additionally, the results of this test can be used as evidence in court if it is determined that the test was conducted according to accepted standards.

Challenging the Results of the Test

While the results of the horizontal gaze nystagmus test can be used as evidence, they can also be excluded if it is proven that the test was not conducted properly. For instance, if the test was done incorrectly or the officer did not follow the accepted standards, the results may be inaccurate. Also, a driver may have a health condition such as a lazy eye or astigmatism that can skew the results of the test.

Moreover, a police officer cannot pull a driver over without probable cause. A driver must have committed an infraction, such as running a red light or speeding, to warrant a traffic stop. If the officer did not have probable cause to pull you over, it is possible to challenge the legality of the stop.

Hiring a DUI Attorney

If you’ve been arrested for DUI, it is highly recommended to seek the services of a DUI attorney. These professionals have the experience and knowledge necessary to effectively challenge the results of the horizontal gaze nystagmus test and any other field sobriety tests. With a good DUI attorney, you will obtain the possible outcome in your case.

Table 1: Indicators of Impairment on the Horizontal Gaze Nystagmus Test
| Indicator | Points |
| — | — |
| Lack of smooth pursuit | 1 |
| Onset of nystagmus | 1 |
| Distinct nystagmus at maximum deviation | 1 |
| Total Possible Points | 6 |

Table 2: Benefits of the Horizontal Gaze Nystagmus Test
| Benefits |
| — |
| Accurate in detecting impairment from drugs or alcohol |
| One of the most reliable field sobriety tests |
| Easy to administer |
| Results can be used as evidence in court |

Table 3: Reasons to Hire a DUI Attorney
| Reasons |
| — |
| Experience and knowledge in challenging field sobriety tests |
| Effective challenge of the legality of a traffic stop |
| Better chances of obtaining the possible outcome in your case |