The Latest Tool to Fight DUI
With the dangers of drunken driving so obvious, it’s no surprise to often come across stories in the media about the latest efforts to curb DUI and bolster arrests and convictions.
The latest story involves a device that records the eye movements of DUI suspects during the Horizontal Gaze Nystagmus (HGN) test — more commonly thought of as when an officer tracks the eye movements of a DUI suspect.
While the story does a nice job of describing what this device does, it does miss on an important point: that such technology is far from a slam-dunk in terms of proving a DUI offense, despite what some may claim.
When it comes to field sobriety tests like HGN, the One-Leg Stand Test and the Walk and Turn (WAT) test and how they may apply in your case, getting in touch with a local DUI attorney is a smart way to gauge truth from fiction.
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Mass. DUI Lawyer
December 11th, 2009
4:33 pm
Conventional field sobriety tests are designed to determine whether a driver is under the influence of alcohol by measuring the driver’s balance, coordination, and ability to follow instructions. These tests are based on the theory that someone who is intoxicated will not demonstrate the balance, coordination, and ability to follow directions which is required to pass the tests. This theory is seriously flawed, because there are a litany of other potential causes for “failing” these roadside gymnastics.
In addition to the conventional field sobriety tests, many police officers use the horizontal gaze nystagmus test. This test measures various aspects of involuntary eye movements, by having the DUI suspect follow a stimulus (usually a pen) with his eyes, without moving his head. While it is common knowledge that alcohol consumption can diminish balance, coordination, and the ability to follow directions, the medical phenomenon of nystagmus is outside of the common knowledge of a layperson. Therefore, expert testimony should be required as a condition to the admissibility of HGN related evidence. Massachusetts courts have long required this. See Commonwealth v. Sands, 424 Mass. 184 (1997).
Brian E. Simoneau, Esq.
Massachusetts DUI Attorney
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