 Is the HGN test really 96% accurate in determining a .10 BAC?
The NHTSA thinks so. They have studies showing experienced law enforcement officers are 96% accurate in determining a .10 BAC or more using the HGN test. But remember, field sobriety tests merely help an officer to make a decision to arrest or not arrest someone. They are not scientific and cannot be used in court to prove someone was intoxicated, just that in officer's opinion, the officer had reason to arrest the driver for being impaired by alcohol. Since no one has to take them, if you're ever in this position, ask the officer if these are voluntary, and then don't take them.
Can the results be challenged?
Of course! Many factors besides alcohol can cause nystagmus – lack of sleep, caffeine and cold remedies are just a few. Some of these factors exist in the overwhelming majority of DUI cases. A good DUI attorney knows what other factors cause nystagmus and cross-examines the arresting officer to see if these factors were present at the time of arrest.
In over 20 years of DUI trial experience, I’ve seen many officers who cannot pronounce “nystagmus,” or define what it is. I’ve yet to find one officer who can testify how alcohol travels through the body to cause this involuntary jerking of the eyes.
But don’t take my word for it, the NTSHA says:
"There are several issues that may affect the admissibility of HGN test results:
- Whether the HGN test is characterized as scientific or as simply an observation of a physical trait;
- If HGN is deemed scientific, whether it is reliable;
- Whether the law enforcement officer is properly trained to administer the HGN test;
- Whether the officer properly administered the test in the particular case; and
- The purpose for which the HGN test result will be used."
The bottom line is: don't take the HGN. If you do take it, don't panic. Field tests are not considered scientific and can't be used in court to prove a driver was intoxicated.
See part one of this article: Is the HGN test used in Atlanta?
Atlanta DUI Lawyers Clark & Towne
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David Clark's book "101 Ways to Beat a Marijuana Charge in Georgia" is a comprehensive guide to getting out of a marijuana charge in Georgia. Mr. Clark, a former Judge, provides inside tips from his 22 years of experience as one of Georgia's top criminal defense lawyers defending pot smokers. All proceeds benefit Georgia NORML.
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