New York DWI Horizontal Gaze Nystagmus Test

Three field sobriety tests are used by New York law enforcement agents in order to establish probable cause for a drunk-driving arrest: the one-leg stand test, the walk-and-turn test, and the horizontal gaze nystagmus test. If you fail these tests, you may be charged with driving while intoxicated (DWI). You should contact an experienced defense attorney if you were recently arrested after failing the New York DWI horizontal gaze nystagmus test.

The horizontal gaze nystagmus test is considered the most scientifically accurate of the three field sobriety tests. Nystagmus is an involuntary jerking of the eyes that occurs when you look to the side. If someone is under the influence of alcohol and/or drugs, he or she may display nystagmus when trying to follow a small object with his or her eyes.

To administer the test, the officer will ask you to follow a stimulus, such as a finger, flashlight, or pen with your eyes without moving your head. The stimulus should be held above eye level and should be placed 12 to 15 inches away from your eyes.

During the test, the officer will look for three signs in each eye, for a total of six signs. Four or more signs are probable cause for a DWI arrest. The first sign is lack of a smooth pursuit, or the inability to follow the stimulus smoothly with your eyes.

The second sign is distinct jerking of the eyes when you are looking as far to the side as possible (maximum deviation). To look for this, the officer will ask you to follow the stimulus to the side without moving your head. After your eyes have reached maximum deviation, the officer will watch your eyeball in that position for two to three seconds to look for nystagmus.

The third sign is distinct jerking of the eye before reaching a 45 degree angle. To look for this, the officer will have you follow the stimulus to the 45 degree angle, and hold your eye there for four seconds while looking for nystagmus.

While this test may be used to determine intoxication, several other factors may cause nystagmus. These include brain tumors, head injuries, neurological disorders, prescription medications, and certain eye conditions. Because the police officer is not a doctor, he or she cannot make an accurate diagnosis on what caused your nystagmus during the test.

To learn more about the New York DWI horizontal gaze nystagmus test, fill out our online form today. An experienced DWI defense attorney in your area will contact you to answer any questions you may have regarding your pending DWI case.