Horizontal Gaze Nystagmus

Garrett T. Ogata, Las Vegas criminal defense attorney, discusses the Horizontal Gaze Nystagmus test used by police officers when attempting to identify alcohol intoxication in a suspect driver. In this explanation, he explains that nystagmus, while being the result of alcohol intoxication, it can be caused by other factors.

The Horizontal Gaze Nystagmus test is one of three tests done by police officers upon pulling a person over for a potential DUI after noticing driving characteristics commonly associated with intoxication. The officer moves a pen or the tip of his finger looking to see equal eye tracking and distinct nystagmus from maximum deviation. Nystagmus is the involuntary jerking of the eye, which can also be caused physiologically, neurologically, or developed in youth, so even though nystagmus is a factor involved in intoxication, it doesn't automatically mean that a person with nystagmus is necessarily under the influence of alcohol.

It is important to know you have nystagmus as the result of physical, neurological, or inherent causes, because this information can be used as evidence in a trial to defend you. An officer is trained to conclude that nystagmus in the eye from horizontal movement and maximum deviation is a sign of alcohol intoxication. If you have information proving that you have nystagmus from other causes, then this could be pivotal information to be used in a trial, information that could nullify an officer's claims of nystagmus due to alcohol intoxication.
For More information related to:

Law Offices of Garrett T. Ogata
2880 W. Sahara Avenue
Las Vegas, NV 89102
[phone]

The information presented in this video is not to be construed as legal advice. No attorney/client relationship is implied or exists by viewing this video.

[Jkstolz]

I have horizontal gaze nystagmus without drinking alcohol.

[ryanbates]

Hmmm. I would hope a DUI defense attorney would actually know the 3 parts of HGN. You left out some things counselor.