Many DUI/DWI arrests are made by police officers because of their own opinions and observations alone. Law enforcement officers use field sobriety tests to analyze a driver’s mental and physical state in order to decide if he or she is intoxicated. The problem with such tests is that they are not entirely reliable. The Horizontal Gaze Nystagmus (HGN) is one such test.
“Nystagmus” is the term used for a twitching phenomenon that occurs when a person looks to the far left or far right. The eyes of a healthy, non-intoxicated person will not twitch when they turn their eyes to the extreme left or right, but a intoxicated person’s eyes will show nystagmus.
When conducting this field sobriety test, a police officer will have the driver stand up straight with their head facing straight forward. The officer will then hold something up in front of the driver’s eyes—such as a pen or the officer’s finger—and instruct the driver to follow the object with their eyes (not their head) as the officer moves it from side to side. The officer will then watch the driver’s eyes to see if they show nystagmus when looking to the far right or left sides.
Even if you failed the HGN test or any other sobriety test, you may still have a chance of fighting your DWI charge. Field sobriety tests allow an officer to make a DWI arrest based on his or her sole opinions, but with a seasoned DWI attorney to study the evidence and build a defense, you could avoid a conviction.
Kyle K. Shaw is just the attorney you need. He and his team can study the discovery for your case and may very well be able to prove that there was reasonable doubt of drunkenness on your part. Call today to speak with Mr. Shaw in person and find out if you have a case!
Contact The Law Offices of Kyle K. Shaw today to schedule a case evaluation.