Police officers across the country routinely administer the horizontal gaze nystagmus or “HGN” test as part of standardized field sobriety tests. This test is touted as highly reliable and the American Optometric Association, which passed a resolution in 2003 endorsing the use of horizontal gaze nystagmus by police officers in DUI cases. However, this may not be the generally accepted view of the scientific community.
Massachusetts DUI lawyers are usually able to exclude HGN evidence from drunk driving trials, because the scientific principles upon which the test is based is technical and beyond the understanding of the average juror.
The HGN field sobriety test involves the police officer moving a pen in front of the drunk driving suspect’s eyes to determine if he or she can follow the path, or if unusual eye movements occur. Specifically, the HGN test measures the onset of nystagmus. “Nystagmus is ‘[a]n abnormal and involuntary movement of the eyeballs from side to side or up and down, but usually from side to side.” To be valid, it must be done a certain way and under certain testing conditions, by a police officer who is properly trained to interpret and document the test results. DUI Attorney Paul B. Watkins, a former Massachusetts Police Officer has been trained and certified in the administration of this test. In Massachusetts, an expert witness must explain the alleged correlation between alcohol intoxication and nystagmus. Otherwise, the evidence should be suppressed and not used in the drunk driving trial.
Most Massachusetts DUI attorneys are aware of the limitations associated with the horizontal gaze nystagmus field sobriety test and will file a pre-trial motion to exclude it from evidence. Knocking out this evidence will likely increase the chances of getting the DUI charges dismissed or being found “not guilty,” which is, of course, the best outcome in a Massachusetts drunk driving case.
1,552 Comments.