Feature Article: The Science Behind the Horizontal Gaze Nystagmus Test
Introduction
Driving under the influence (DUI) of drugs or alcohol is a severe offense, and law enforcement is always on the lookout for ways to identify and apprehend offenders. The Horizontal Gaze Nystagmus (HGN) test is a commonly used method to identify drunk drivers. However, like any scientific test, it is not entirely foolproof, and human error can affect the results. In this article, we'll explore the science behind the HGN test, its limitations, and how skilled DUI defense attorneys like Arja Shah can help ensure that the test results are fair and accurate.
What Is the HGN Test?
The HGN test involves measuring the involuntary jerking of the eyeballs, medically known as nystagmus. Typically, your eyes follow moving objects smoothly. However, if you're under the influence of alcohol or drugs, your eyes' smooth pursuit will be interrupted, and they will start to jerk involuntarily. Law enforcement officers measure three different types of nystagmus. They look for a lack of smooth pursuit, distinct nystagmus at maximum deviation, and nystagmus before reaching 45 degrees.
Limitations of the HGN Test
The HGN test is not always entirely accurate, and various external factors can affect the results. First, if the officer does not administer the test correctly, the results will be inaccurate. Second, if the test subject has a medical condition such as a neurological disorder, the results of the test may not be reliable. Third, certain drugs, such as anti-seizure medications, can cause nystagmus, leading to a false-positive result. Lastly, certain environmental factors, such as flashing lights or headlights, can also affect the test results. Therefore, it is essential to work with an experienced DUI defense attorney when challenging the HGN test results in court.
How DUI Attorneys Can Challenge the HGN Test Results
A skilled DUI defense attorney like Arja Shah can challenge the HGN test results by examining the circumstances surrounding the test. The attorney can examine the officer's training and evaluate if the officer followed proper administration procedures. The lawyer can also review the subject's medical history to determine whether any underlying conditions can affect the test results. Lastly, the attorney can look at the environmental factors present during the test to determine if anything could have affected the results.
Challenging the Results of the HGN Test in Court
If the HGN test results are the only evidence presented against a DUI defendant, the defense attorney can challenge the credibility and accuracy of the results in court. First, the attorney can argue that nystagmus can also be caused by fatigue, nicotine, or caffeine withdrawal, or inner ear problems. Second, the lawyer can present evidence that the officer did not administer the test correctly or did not follow proper protocols. Third, the defense can argue that the test results were affected by environmental factors.
Conclusion
The science behind the HGN test is complicated and not always entirely reliable. Various external and environmental factors can affect the results of the test. Therefore, it is crucial to work with a skilled DUI defense attorney like Arja Shah to challenge the results in court. A lawyer can examine the circumstances surrounding the HGN test to ensure that the test was administered correctly and that the results are accurate. If you have been charged with a DUI based on the HGN test, contact Arja Shah Law today to discuss your case.
DUI Defense Strategies in Arizona -Horizontal,DUI
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