Georgia DUI Pen Test—Horizontal Gaze Nystagmus Test

Georgia law enforcement agents use three standardized field sobriety tests, designed by the National Traffic Highway Safety Administration (NHTSA), to determine if there is probable cause for a driving under the influence (DUI) arrest: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. If you were arrested after failing any of these tests, you should retain the services of an experienced defense lawyer to fight your charges.

Sometimes known as the Georgia DUI pen test, the horizontal gaze nystagmus test is considered the most accurate of the field sobriety tests when administered correctly. This test measures nystagmus, or the involuntary jerking of the eyes, that becomes more pronounced when a person is impaired by alcohol and/or drugs. To look for nystagmus, the officer may ask you to follow a pen with your eyes while keeping your head still.

During the DUI pencil test, the officer is watching to see if you are unable to smoothly follow the pen with your eyes, if you show distinct nystagmus when looking all the way to the side, or if nystagmus sets in before your eyes reach 45 degrees. The officer is looking for three clues in each eye, for a total of six clues altogether. If he or she observes four clues, you can be arrested for drunk driving.

The horizontal gaze nystagmus test has several problems. To be effective, the test must be administered according to police training. If the officer did not follow proper protocol, your lawyer can challenge the results of the pen test.  In addition, more than 100 different medical conditions and disorders could cause nystagmus. Because the officer is not a trained physician or ophthalmologist, he or she may confuse your medical condition with intoxication.

Attorney Cory Yager has helped countless clients obtain a favorable outcome to their DUI cases, even after failing the Georgia pen test. As a former police officer, he has received extensive training on how to administer the field sobriety tests. He can use this inside knowledge to your advantage when defending your drunk-driving case.

To receive a FREE, no-obligation Georgia DUI case evaluation, in addition to a free appeal letter for your license suspension, please submit your case details online today.

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