Experienced Rochester DWI lawyers have seen a variety of different field sobriety tests used by law enforcement after stopping someone for drinking and driving.

While what the officer is testing is obvious for several of the tests – such as walking heel to toe or touching a finger to the nose, the horizontal gaze nystagmus test is a much more unusual test.

To perform the horizontal gaze nystagmus test, the officer will hold up a small object in front of the driver, such as a pen, and ask the driver to look at it.

The officer will then have the driver follow the object with his or her eyes as it is moved across their field of vision.

According to studies, a person under the influence of alcohol will experience difficulty tracking the object.

Also, nystagmus (involuntary jerking of the eye) will appear when the eye is more than 45 degrees from center, and nystagmus will be more exaggerated than normal when the eye is at its maximum peripheral angle.

While this test may be of some use in detecting whether a driver is impaired by alcohol, there are a variety of medications, including seizure medications and some pain medications, that also cause exaggerated horizontal gaze nystagmus.

There are also certain illnesses and physical conditions, most notably issues with the inner ear, that can lead to a positive finding on this test.

When a client has taken this test, an experienced DWI lawyer will examine all of the evidence surrounding the arrest and testing to determine if there is some alternative explanation for the arresting officer’s findings.

If you have been arrested for DWI, we can provide you with experienced legal help.

Please call us for a legal consultation at 585-484-7432.