Attorney Bob Keefer
Fighting for Your Rights as a Motorist
Horizontal Gaze Nystagmus (HGN) Test
Handled By Our Experienced DUI Attorney in Harrisonburg
In Virginia DUI cases, the most familiar field sobriety test is the Horizontal Gaze Nystagmus test (HGN), commonly known as the eye test. The officer will have you stand still and look forward while he moves his finger or another object in front of your eyes. There are many medical and factual defenses to this test’s validity.
In the HGN test, the officer is looking to see if you can follow his finger with your eyes, whether your eyes track smoothly, and whether your eyes jerk side to side. The HGN test is a medical test that was designed to test for neurological disorders. Medical teaching does not allow any medical professional to evaluate your level of intoxication based on the movement of your eyes. The only place where that is satisfactory is DUI enforcement.
For more information about HGN tests and how our DUI lawyer in Harrisonburg can help you, either call us today at (540) 251-0406 or contact us online to set up a free consultation.
Problems with the HGN Test
People with astigmatism are not proper test subjects for this test. Neither are people who have ever suffered a concussion, head injury, eye injury, or other neurological disorders. Officers are instructed to note that you have suffered one of these injuries or have one of these conditions and administer the test anyway. Officers will often tell you that they will take your condition into consideration in their evaluation. The problem is that officers do not have a medical background and have no way to consider what impact an injury or disorder has on your ability to properly perform the test.
Other problems in how this test is administered in real life versus how it was administered during the government’s research are that there were no environmental factors that affected the outcome of the test during the government’s testing. It is well established now that flashing lights, passing vehicles, wind, and other environmental factors lead to incorrect test interpretation or administration by officers.
You are not required by Virginia law to perform the Horizontal Gaze Nystagmus test and should politely decline to do so if the officer asks you to perform it. You should never be rude or argumentative with the officer. You do not have to – and should not – justify your refusal to take this field sobriety test to the officer. The more you talk and argue, the more evidence you give that will be used against you.
If you have been stopped or arrested for DUI or any traffic crime, contact Harrisonburg DUI Attorney Bob Keefer right now for a free, no obligation case evaluation at (540) 251-0406.
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When You Need a Traffic Lawyer,
Keefer Law Firm Can Help.
- Attorney Keefer is one of the few people in Virginia to call himself a NHTSA Certified Field Sobriety Instructor.
- He has completed the DOT Certified Breath Technician course on the EC/IR II, Virginia’s breath tester for evidence.
- He was a founding member of the DUI Defense Lawyers Association and is a member of the National College for DUI Defense.
- Attorney Keefer has more than 30 years of experience providing legal representation throughout Virginia.
- Our office contains the Alco-Sensor III, which is also used by law enforcement for preliminary breath testing.
- We offer free consultations for traffic offense and DUI cases.