Nystagmus as part of DUI investigation, Los Angeles
Nystagmus is an investigative tool used by law enforcement to determine if a person is under the influence of alcohol. After a DUI stop, a police officer, if he suspects that the driver is under the influence of alcohol, can ask the driver to step out of the vehicle and submit to field sobriety tests. The field sobriety tests are voluntary tests that drivers suspected of DUI in Los Angeles can and should decline to perform. If you agree to do the field sobriety tests, the cops and the DA will use them to show that you are impaired. The tests are highly subjective and can cause a person to be arrested even when he or she is not under the influence of alcohol and drugs, and he or she is not DUI.
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Horizontal Gaze Nystagmus (HGN) Test in a Los Angeles DUI Case — What You Need to Know
If you were recently stopped for DUI in Los Angeles, chances are the officer asked you to follow a pen or a finger with your eyes. This is called the Horizontal Gaze Nystagmus (HGN) test, a standardized field sobriety test (SFST) that police use to check for involuntary eye jerking, which may indicate alcohol impairment. But how reliable is this test — and can it be challenged?
As a Los Angeles DUI Attorney, I can tell you: very often, it can be challenged — and successfully.
What Is the HGN Test?
The HGN test is one of three standardized tests used by law enforcement to determine impairment. It involves an officer moving a stimulus (usually a pen or finger) horizontally in front of your eyes. The officer looks for six validated “clues” — such as lack of smooth pursuit or jerking at maximum deviation — to determine whether you might be under the influence.
If four or more clues are observed, the test is said to be 77% accurate in detecting a blood alcohol concentration (BAC) above 0.10%. However, that still means nearly 1 in 4 people who “fail” the test are not legally intoxicated.
The Problem with the HGN Test
The HGN test is highly subjective and requires strict adherence to training standards. If the officer lacks proper training or skips steps — for example, failing to hold the stimulus 12–15 inches from your nose or moving it too quickly — the entire test result may be inadmissible in court.
In fact, in People v. Loomis, the court held that officers cannot testify that nystagmus correlates to a specific BAC level. Many medical conditions (including neurological issues, the flu, or fatigue) can also cause nystagmus, regardless of alcohol use.
How Los Angeles DUI Attorney Can Help You
At my office, I have successfully defended clients against DUI charges by aggressively challenging flawed field sobriety tests, including the HGN. As a top-rated DUI attorney in Los Angeles, I know how to expose weaknesses in the prosecution’s case and fight for your rights both in court and at the DMV.
–.Challenging faulty sobriety tests
— Fighting to suppress inadmissible evidence
— Representing you in DMV hearings
— Affordable payment plans
— Proven results from a trusted DUI attorney in Los Angeles
Arrested for DUI? Call a Los Angeles DUI Lawyer Now
Don’t let questionable field sobriety tests determine your future. If you were arrested for DUI in Los Angeles, contact a skilled and experienced Los Angeles DUI Attorney immediately. Call (818) 921-7744 now for a free consultation and take the first step toward a strong defense.
Los Angeles DUI defense is what I do. With years of experience and a client-first approach, I offer not just legal representation, but hope, strategy, and results. Let a trusted Los Angeles DUI lawyer stand by your side and fight for your freedom.
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