Why An Officer Wants to Check Your Eyes During a Traffic Stop & What To Do

If you are stopped by an officer and the officer asks you if she or he can “check your eyes,” this is a red flag that you are being investigated for a DUI.? As a driver, it's crucial to understand the different tests that police officers use to evaluate drivers suspected of being under the influence of drugs or alcohol. One such test is the horizontal gaze nystagmus (HGN) test. In this article, we'll discuss what the test involves and why you should not take it.

The HGN test is not a vision test. It is a type of field sobriety test that aims to detect nystagmus, which is an involuntary jerking of the eyes that occurs when the eyes move from side to side. In the test, the officer will ask you to follow a small object, such as a pen, with your eyes as they move it from side to side. The officer will observe your eyes for nystagmus and record their observations.

So, what does the HGN test tell an officer? The presence of nystagmus can indicate that someone has consumed alcohol or other drugs, as these substances can affect the brain's ability to control eye movements. However, it's important to note that other factors can also cause nystagmus, such as fatigue or a medical condition. Therefore, the HGN test alone cannot definitively prove that someone is under the influence.

Furthermore, there are several reasons why you should not take the HGN test if you're pulled over for suspicion of DUI. Firstly, it's important to remember that you have the right to refuse to take any field sobriety test, including the HGN test. If you choose to refuse the test, you stop the officer from being able to testify as a pseudo scientific expert the medical "accuracy" of the HGN test.

Secondly, the HGN test is not always conducted properly by officers, which can lead to inaccurate results. For example, the officer may not hold the object at the correct distance or may not move it at the correct speed. Additionally, certain medical conditions can cause nystagmus even when someone is sober, which can result in a false positive.

Finally, taking the HGN test can actually harm your case in court. If you do take the test and the results show nystagmus, the prosecution will likely use this as evidence against you. However, if you refuse the test, there will be no evidence to use against you in court. Additionally, if the officer did not conduct the test properly, your attorney can argue that the results are inaccurate and should not be used as evidence.

The HGN test is one of several field sobriety tests that officers use to determine whether someone is under the influence of drugs or alcohol. While the presence of nystagmus can indicate impairment, there are several reasons why you should not take the test if you're pulled over for suspicion of DUI. Remember that you have the right to refuse any field sobriety test, and doing so may actually benefit your case in court.

Gina Buskirk is a partner at Puget Law Group focusing on criminal defense and criminal traffic crimes including DUI and Reckless Driving. With nearly two decades of experience as a prosecutor, she spent much of her career training officers in traffic enforcement and criminal investigation. She also serves as a pro tem judge and regularly handles criminal and traffic calendars. Her experience in various roles in the criminal justice system gives her unique insight into how to best represent her clients in a way that gets positive results in challenging cases. www.pugetlawgroup.com