The Law Office of Blackie Burak

Attacking a Horizontal Gaze Nystagmus Test


Walnut-Creek-DUI-lawyer-300x200If you were subjected to a horizontal gaze nystagmus test, a Walnut Creek DUI lawyer may explain the role of this test and how it may be challenged. The first order of business is to attack this type of test. There may be a few challenges that can be made by a Walnut Creek DUI lawyer in this regard.

Improper Administration

Your Walnut Creek DUI lawyer may explain that there might be 25 or more different steps that are necessary in order for a law enforcement officer to conduct this test. These steps must be precisely followed. If law enforcement officers fail to follow these steps with precision, then the test results are not reliable.

Other Factors

Another way that your Walnut Creek DUI attorney may attack this particular test is by showing that other factors can cause a positive result. For example, fatigue, illness, caffeine, aspirin, hypertension and even natural factors are sometimes the cause of HGN. An effective cross-examination of the arresting officer may help support this challenge. For example, your attorney may ask some of the following questions:

  • Which direction was the defendant facing when you examined her for HGN?
  • Did the defendant follow your instructions regarding where to place her feet and hands?
  • Was the defendant cooperative?
  • Did you ask the defendant to keep her head still?
  • How far were you from the defendant when you looked in the defendant’s eyes?
  • Did you move an object in front of the defendant’s eyes?
  • What direction did you move the object?

If you would like to learn more about potential challenges to this test, contact Blackie Burak at 1-866-BLCKDUI.

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About the Author

Professional & trustworthy DUI & Criminal Defense Lawyer Blackie Burak, Esq. defending your rights.