Regarding the HGN Test in Kansas

Kansas DUI Attorney

Nystagmus is defined by the World Book dictionary as "involuntary movement of the eyeballs, frequently a symptom of disease". HGN (Horizontal Gaze Nystagmus) is a test included in those recommended by the NHTSA (National Highway Transportation Safety Administration) as part of the Field Sobriety Test which officers use to investigate suspected DUI (Driving Under the Influence). This test is not generally admissible in the Kansas Court as evidence but may be allowed if the defendant is not represented by a savvy Kansas DUI attorney.

DUI Lawyer in Kansas

The instructions to officers on administering this test are detailed but the scoring of the test depends greatly upon the officer's ability to follow the instructions exactly, accurately judge angles and correctly observe the eye's motion. The test starts with the officer holding a finger or other object in front of the right eye and having the individual follow the horizontal motion of the object to the right side with his or her eyes while keeping the head still. The officer must take approximately 2 seconds to move the object from directly in front of the suspect's eye to the farthest point possible. This must be done again on the right eye, this time taking 4 seconds to reach the farthest point.

Then the same two steps are done on the left eye. This test is based on a statement that the eye will begin jerking before reaching 45 degrees from center if the suspect is intoxicated and that an intoxicated individual cannot smoothly follow a slowly moving object with his eyes. Once moderate or distinct jerking is observed the officer must stop moving the object to see if the jerking continues at that angle of the eye. Test instructions state that the jerking will start and be continuous at about 40 degrees if the suspect's BAC is 0.10. The officer will score 1 point for each eye for each of the following: jerking begins before 45 degrees; when the eye is turned as far to the side as possible jerking is moderate or distinct; the eye cannot smoothly follow the object's movement. A score of 4 points is a fail. According to the instructions a correctly administered HGN test is accurate 77% of the time. This being the case, a determined DUI defense lawyer with the firm will fight to prevent any information concerning this test from being heard by the court.

The legal team at the firm has a considerable reputation as committed and zealous advocates. Call Martin & Wallentine to review your Field Sobriety Test and discuss your defense with a proven DUI lawyer.