Super Lawyers
Justia Lawyer Rating
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers
Avvo Clients Choice Award
Avvo Rating
Trial Lawyers University
Best Lawyers
James Publishing Author
Super Lawyers
Trial Lawyers College

Horizontal Gaze Nystagmus Testing DUI Cases

The Horizontal Gaze Nystagmus test is one of the three standardized field sobriety tests used in the investigation of both drunk and drugged driving cases. The word "nystagmus" refers to a phenomenon of human physiology whereby the specific gravity of the fluid inside an organ inside your ear called a cochlea. When the amount of alcohol in the cochlea gets out of whack with blood alcohol a curious thing tends to happen – the eyes wiggle back and forth really quickly as they travel across a plane. This wiggling is called nystagmus. It is this wiggling or twitching that the officer is looking for when he/she administers this test at the roadside. The standardized tests breaks this twitching and movement into three things called clues. The are inability to pursue the stimulus smoothly, wiggly eyes happen when eyes are at corner or at maximum deviation from nose, and the start of wiggly eyes before halfway, or 45 degrees.

Test Administration

If the test had been appropriately administered, the officer would have begun by asking you to stand with your feet together, and arms at your side. You should then have been instructed to "follow the stimulus (usually the officer's finger, a pen, or a flashlight) with your eyes only, keeping your head still". Before beginning the test, the officer should have confirmed that you understood the instructions by directly asking you "Do you understand"? The officer should also have asked you if you were wearing contact lenses.

Other Factors an Officer is Looking For

In addition to the three clues listed above, the officer also wants to see if you can follow the instructions. One that is often missed is the “with your eyes only” part. Its not natural to only follow with the eyes, because usually where the eyes go the head goes. Often when watching videos of these tests being administered we can hear the officer repeating telling the subject to not follow with their head. Also, did you lose your balance, or use your arms for balance rather than keeping them at your sides? While these are observations are not standardized clues the police officer might add them while testifying to make you look more intoxicated.

Benefit of an Attorney

Having evaluated hundreds of these cases it is evident that officers almost never administer this test properly. The most alarming thing about this fact is that administering this test incorrectly can cause the Nystagmus that the officer will later use against you to prove you were intoxicated! You Michigan DUI Lawyer at the Barone Defense Firm can review the video recording of this test being administered at the roadside to evaluate whether the officer in your case followed the appropriate standard of their training. If not then the prosecutor will be precluded from offering this test as evidence of your intoxication at trial.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.