Reader’s Question:

I was once arrested for DUI in Lexington-Fayette, Kentucky but the case was dismissed. Since then, I’ve been following some studies regarding developments on DUI cases and the law. I’m focusing now on different field sobriety tests. I’m very much curious on the Horizontal Gaze Nystagmus test. How accurate is this kind of field sobriety test?

Tanner

Lexington-Fayette, KY

It’s good to know that your DUI case in Lexington-Fayette, Kentucky has been dismissed. Anyway, the National Highway Traffic Safety Administration (NHTSA) studies which pertain to Horizontal Gaze Nystagmus (HGN) contain flaws which suggest they are not reliable indicators of a level of intoxication. NHTSA studies claim that Horizontal Nystagmus or the horizontal jerking of the eyes is considered to be an indicator that a person is under the influence of alcohol or drugs.

Police officers usually give the HGN as one test of the NHTSA three Field Sobriety Tests (FTS’s). NHTSA claims in their studies that the HGN test is 77% accurate in determining whether or not a person is within the legal limit of 0.08 BAC. However, experts have actually criticized the administration of HGN test by police officers who are not an ophthalmologist trained in the detection of eye movements and/or eye pathologies. Moreover, experts have said that the HGN test when administered according to NHTSA standards will not stand up to peer review and may lead to false results.

Tags: drunk driving laws, DUI, DUI advice