Can a Greensboro DWI Lawyer Explain How to Win at a DWI Trial?

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

Updated September 18, 20242 min read

A Greensboro DWI attorney can explain different winning strategies and ways to attack evidence at a trial. One of the main pieces of evidence a prosecutor will use against a person at trial is the HGN test.

The HGN test is also the “pen” or “flashlight” test, where the officer holds a pen or flashlight tip a few inches away from your face, and ask you to track it with your eyes.

The idea is they can tell your level of impairment based on how your eyes move. Interesting enough, this supposedly vital test is not used by doctors, nurses or EMT personal, automatically making its validity suspect.

HGN tests should be suppressed or minimized in trial.

An experienced Greensboro DWI lawyer can use the following questions to assist in that goal at trial:

• Is it true there are no less than seven different manuals and courses for HGN schools? Do you have any experience in neurology or ophthalmology?
• NHTS demands the instrument be 12 inches away at 45 degrees? Did you use a protractor? Ruler?
• Can you define nystagmus?
• Have you ever discussed nystagmus with a optometrist or neurologist?
• What else besides alcohol can cause nystagmus?
• Influenza
• Vertigo
• Hypertension
• Eye Strain
• Eye muscle fatigue or imbalance
• Caffeine
• Nicotine
• Aspirin
• Diet
• Chilling
• Heredity?

As you can see, experience makes the difference when you retain an experienced Greensboro DWI lawyer. Contact the Greensboro DWI attorneys at Garrett, Walker, Aycoth and Olson at 336-382-9396 today. We are here to help, and we return every call, every day. Make sure your case is prepared for trial!

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

Read Chad's full profile →

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.