San Diego DUI Attorney
About the Horizontal Gaze Nystagmus Test
If you have been pulled over by law enforcement and requested your submission to a field sobriety test, a horizontal gaze nystagmus test may be administered. The horizontal gaze nystagmus test is a test an officer uses when he or she has reasonable belief that you have been drinking and driving. The test will begin when an officer moves a penlight in front of the suspect's eyes. He or she will place the pen approximately one foot away from the driver's face and request that the driver follow the light with their eyes. If the driver's eye twitches before he or she has followed the penlight for 45 degrees, it is a sign of blood alcohol concentration.
When administered correctly, the test is quite accurate, though it is still relatively new to field sobriety testing. The nystagmus, which is an involuntary twitch of the eye, occurs when an individual uses his or her peripheral vision by looking sharply to one side with the head at the forward position. When an individual has not had any alcoholic beverages, his or her eye will most likely twitch at 45 degrees. However, if an individual has been drinking, their eye will twitch at a lesser angle and the driver will have more difficulty following the light.
Contact a San Diego DUI Lawyer
If you or someone you know has been arrested for driving under the influence after failing a horizontal gaze nystagmus test, it is imperative to consult with a seasoned San Diego DUI attorney at once. Because this type of
blood alcohol testing is relatively new, the accuracy of the test is not entirely certain. External conditions or medical issues can easily cause an individual to fail a gaze test, which is why having an exceptional
DUI defense lawyer at your side is a wise decision.
Here at JD Law - Criminal Defense Specialists, our legal team has represented hundreds of criminal cases in California's state and federal courts. Our firm is prepared to compile an aggressive defense for those individuals wrongly arrested after a horizontal gaze nystagmus test. There is a way to fight back against a DUI charge! Call our office today to learn more!
Contact a San Diego DUI lawyer from our firm if you have been administered a horizontal gaze nystagmus test and you would like to learn your rights.