North Carolina Horizontal Gaze Nystagmus Test Defenses

If you have been pulled over for driving while intoxicated (DWI) in Charlotte, NC, chances are that you were asked to perform a series of standardized field sobriety tests. These tests include the horizontal-gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.

The horizontal gaze nystagmus test is approved by the National Highway Traffic Safety Administration. Of all of the field sobriety tests, it is considered the most scientific and accurate. Because of this, the horizontal-gaze nystagmus test can be damaging in court.

What is the horizontal-gaze nystagmus test?

Nystagmus is the involuntary jerking of the eyes. While there are several conditions that can cause this jerking, alcohol consumption is known to cause Nystagmus. During this test, the police officer is looking for signs of Nystagmus before your eyes reach a certain angle while looking to the side.

To administer the test, the officer asks you to follow an object such as a penlight, with your eyes without moving your head. The officer will watch each eye to look for three clues. The first is the inability to watch the object smoothly with your eyes. The second clue is jerking that occurs before you are looking all the way to the side. The third clue is jerking that begins before your eyes reach 45 degrees. If the officer observes four of these clues (remember, he or she is looking for three clues in each eye), the officer can determine that your blood alcohol content (BAC) is at least 0.10 percent, which is well above North Carolina’s limit of 0.08 percent.

If you recently failed the HGN test, there is still hope. As stated above, there are numerous factors that cause Nystagmus besides alcohol consumption. Certain eye and brain disorders may cause this involuntary jerking, which can lead to a test failure. An experienced DWI defense attorney will examine your case to find a defense to your HGN test results.

Even the way that the officer administered the test may cause Nystagmus, such as the officer moving the object too quickly, or moving the object too closely to your eyes.

To fight your Charlotte DWI case, contact a local attorney today.

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