Free DUI Lawyer In Florida

Reader’s Question:

My cousin was charged with DUI here in Central Pasco, Florida and she told me that according to the officer, she failed the field sobriety tests, especially the horizontal gaze nystagmus test. What is this test, how is it being conducted and how can this be inclined to problems?

Elle

Central Pasco, FL

The horizontal gaze nystagmus test is a very popular field sobriety test (FST) that is used by the police officers in a DUI investigation. When administering this test, the police officer would estimate the angle of eye jerking when following a standing point (such as a finger or light). If the jerking of the eye motion occurs prior to an angle of 45 degrees, it would be an indication of a blood alcohol level of approximately .05%. Two important factors are the smooth motion of the eye tracking the standing point and the eye jerking when aimed fully to one side.

An experienced DUI lawyer could prove in court that your cousin was not under the influence when she was arrested for DUI in Central Pasco, Florida. That’s because this test is inclined to a lot of problems such as if the officer is not medically, or even properly, trained to recognize a proper nystagmus or to properly estimate the angles. In addition to that, the medical community has yet to fully accept this kind of test as an indicator of intoxication. Another thing is that some states have yet to allow this test to be admissible as evidence in trial although it is one of the standardized FST’s. Regardless of these pitfalls, law enforcement officers still use this test.

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