Greensboro Criminal Defense Attorney: One of the Sobriety Tests Require an Expert Witness

Chad D. GarrettFounding attorney · Criminal Defense, DWI and Traffic Law

Updated September 6, 20241 min read

Greensboro Criminal Defense Lawyer: HGN Requires Expert.

According to recent North Carolina Supreme Court Decisions, in order for police officers to testify about the Horizontal Gaze Nystagmus (commonly known as “HGN”), they must be experts.

A series of cases from the North Carolina Court of Appeals and North Carolina Supreme Court essentially held that North Carolina is a “Daubert State,” meaning that they fell in line with a court decision called Daubert, which requires stringent requirements for experts. Subsequently, the North Carolina Supreme Court, in State v. McGrady, found that, in order for officers or other witnesses to testify regarding HGN, they must fit the Daubert standards.

Functionally, what this means is that it is harder for the state to introduce evidence of impairment in DWIs.

Contact our Greensboro criminal defense attorneys, who operate in Greensboro, High Point and Randolph County for a free consultation today.

Founding attorney

Chad D. Garrett

Criminal Defense, DWI and Traffic Law

Chad practices criminal defense, DWI and traffic law in Guilford County and across North Carolina. He is the author of ABC's of Traffic Law, ABC's of DWI and DWI Essentials.

• Continuing Legal Education Instructor of the Year, North Carolina Bar Association
• Former President, Greensboro Criminal Defense Lawyers Association
• Board Member, Criminal Justice Section, North Carolina Bar Association

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This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.