Comments on: Challenges to Field Sobriety Tests: The Horizontal Gaze Nystagmus Test in Washington, D.C. http://koehlerlaw.net/2009/12/challenges-to-field-sobriety-tests-in-washington-d-c-the-horizontal-nystagmus-test/?utm_source=rss&utm_medium=rss&utm_campaign=challenges-to-field-sobriety-tests-in-washington-d-c-the-horizontal-nystagmus-test Criminal and DUI Defense in Washington, D.C. Thu, 09 Feb 2012 13:38:16 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: jjones444 http://koehlerlaw.net/2009/12/challenges-to-field-sobriety-tests-in-washington-d-c-the-horizontal-nystagmus-test/comment-page-1/#comment-5716 jjones444 Wed, 17 Nov 2010 17:01:20 +0000 http://koehlerlaw.net/?p=883#comment-5716 I think DUI attorneys and cops alike have a hard time determining the results of field sobriety tests. If the person is plastered, the results are obvious. But what about if they've just had a couple drinks and the results are inconclusive? What do you do then? Nobody can count backwards from 100, so I"m sure all of us would look drunk trying to do that. I think DUI attorneys and cops alike have a hard time determining the results of field sobriety tests. If the person is plastered, the results are obvious. But what about if they’ve just had a couple drinks and the results are inconclusive? What do you do then? Nobody can count backwards from 100, so I”m sure all of us would look drunk trying to do that.

]]> By: Massachusetts OUI Lawyer http://koehlerlaw.net/2009/12/challenges-to-field-sobriety-tests-in-washington-d-c-the-horizontal-nystagmus-test/comment-page-1/#comment-32 Massachusetts OUI Lawyer Sat, 12 Dec 2009 01:49:18 +0000 http://koehlerlaw.net/?p=883#comment-32 Conventional field sobriety tests are designed to determine whether a driver is under the influence of alcohol by measuring the driver’s balance, coordination, and ability to follow instructions. These tests are based on the theory that someone who is intoxicated will not demonstrate the balance, coordination, and ability to follow directions which is required to pass the tests. This theory is seriously flawed, because there are a litany of other potential causes for “failing” these roadside gymnastics. In addition to the conventional field sobriety tests, many police officers use the horizontal gaze nystagmus test. This test measures various aspects of involuntary eye movements, by having the DUI suspect follow a stimulus (usually a pen) with his eyes, without moving his head. While it is common knowledge that alcohol consumption can diminish balance, coordination, and the ability to follow directions, the medical phenomenon of nystagmus is outside of the common knowledge of a layperson. Therefore, expert testimony should be required as a condition to the admissibility of HGN related evidence. Massachusetts courts have long required this. See Commonwealth v. Sands, 424 Mass. 184 (1997). Brian E. Simoneau <a href="http://www.massduidefender.com" rel="nofollow">Mass. OUI Attorney</a> Conventional field sobriety tests are designed to determine whether a driver is under the influence of alcohol by measuring the driver’s balance, coordination, and ability to follow instructions. These tests are based on the theory that someone who is intoxicated will not demonstrate the balance, coordination, and ability to follow directions which is required to pass the tests. This theory is seriously flawed, because there are a litany of other potential causes for “failing” these roadside gymnastics.

In addition to the conventional field sobriety tests, many police officers use the horizontal gaze nystagmus test. This test measures various aspects of involuntary eye movements, by having the DUI suspect follow a stimulus (usually a pen) with his eyes, without moving his head. While it is common knowledge that alcohol consumption can diminish balance, coordination, and the ability to follow directions, the medical phenomenon of nystagmus is outside of the common knowledge of a layperson. Therefore, expert testimony should be required as a condition to the admissibility of HGN related evidence. Massachusetts courts have long required this. See Commonwealth v. Sands, 424 Mass. 184 (1997).

Brian E. Simoneau
Mass. OUI Attorney

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