Are Field Sobriety Tests Accurate? The Horizontal Gaze Nystagmus
The horizontal gaze nystagmus is one of three standardized field sobriety tests authorized by the National Highway Traffic Safety Administration (NHTSA). Of the three, it is considered to be “the most accurate” and “least subjective”. However, like the other two tests, it has serious problems that give way to false positives.
It’s important to remember that you are under no requirement to take field sobriety tests. You must take a breathalyzer test under Florida’s implied consent law, but field sobriety tests are not mandatory. They are often used as probable cause so that police can arrest you.
In this article, the Orlando DUI attorneys at FL DUI Group will discuss the horizontal gaze nystagmus field sobriety test, how it works, and why it’s so unscientific.
How does the horizontal gaze nystagmus test work?
A police officer will instruct you to follow an object (like a pen) with your eyes as they move it back and forth. They do this, generally, while shining a flashlight in your face. The officer then looks for telltale signs of impairment by scrutinizing the movements of your eyes. Specifically, they are looking for “jerking” motions. Do your eyes jerk or do they smoothly follow the object from side to side?
Accuracy issues with the horizontal gaze nystagmus test
The horizontal gaze nystagmus is considered the “most accurate” of all the standardized field sobriety tests. Nonetheless, there are a lot of problems with it. According to the NHTSA, the test has an accuracy rate of 77%. However, there are numerous neurological, medical, and eye conditions that can cause the onset of nystagmus (or eye jerking).
Even though this test isn’t difficult to perform, the standard of passing the test can be out of reach even for individuals who are completely sober.
Most of these field sobriety tests are very simple. It can be so simple that an officer can manipulate you into taking one without actually telling you that they are performing a field sobriety test. Be warned. If a police officer abruptly shines a light in your face and asks you to follow an object, you are being tested for intoxication.
What happens if you fail this test?
It’s likely not a matter of ‘if’, but ‘when.’ When you fail this test, the officer can say that they have probable cause to arrest you on suspicion of DUI. You should calmly and respectfully refuse to take these tests. They are designed to fail you, unlike the breathalyzer test, which has more scientific merit.
Talk to an Orlando DUI Attorney Today
FL DUI Group represents the interests of individuals who have been arrested and charged with DUI in or around Orlando, Florida. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin discussing your defense strategy right away.
