Jacksonville DUI officers administer the Horizontal Gaze Nystagmus test is as a standard field sobriety test. A Jacksonville DUI defendant can defend against the HGN test in many ways.
- There are medical reasons that Jacksonville DUI suspect may exhibit nystagmus (jerking of the eye), other than due to alcohol impairment. Nystagmus can result due to pathological disorders, such as brian tumors, brian damage, and brian injuries. This can be noted if the Jacksonville DUI defendant has pupils that are different sizes, the eyes jerk even when the DUI suspect is looking strait ahead, or the eye’s do not track together.
- The Jacksonville DUI officer did not perform the test correctly. Some police officers will hold the pen light too close or too far from the Jacksonville DUI suspect’s face. It should be 12 to 15 inches from his face. The police officer moves the object too slowly or quickly, instead or slowly and smoothly. The police officer does not make a strait line, and curves the pen to the side, upward, or downward.