The HGN DWI test is controversial, yet often the reason cited by judges as the difference between an officer having probable cause to arrest an individual for driving while impaired or allowing them to go free.
There are no less than seven different manuals and courses that “teach” HGN to law enforcement officers. These are not individuals with experience in neurology or ophthalmology. Furthermore, if HGN is “accurate,” why does the medical community not use it? Only the government promotes it as an “accurate predictor” of substance abuse. Doctors, nurses, and even first medical responders do not.
Interestingly enough, what else besides alcohol can cause nystagmus? The following is a list of a few common things that may cause nystagmus, yet are routinely dismissed by courts, despite the United States Constitution’s demand that evidence must exist against an accused individual “beyond a reasonable doubt.”
- Eye Strain
- Eye muscle fatigue or imbalance
So why do courts put so much emphasis on HGN tests in DWI cases? Perhaps a lack of personal knowledge and education, perhaps political pressure or lobbying, we may never know.
But if you have been charged with a DWI, don’t you think your life, license, liberty and property deserve to be judged by an accurate test? Or, if you believe science validates the test itself, then at least judged by an accurately administered test, given by a fully trained expert under scientific conditions?
If you have been charged with a DWI, Greensboro DWI trial attorneys Garrett, Walker, Aycoth and Olson are happy to answer your questions evaluate your case honestly, and return your call, each and every day. We are here to help!