Saturday, March 3, 2012

Should police officers be allowed to use the "Nystagmus" eye test when when conducting drunk driving investigations in Michigan?

In Michigan police officers commonly use the "Horizontal Gaze Nystagmus", HGN,  eye test while conducting field sobriety tests during drunk driving investigations. The nystagmus test has been highly criticized as a valid indicator of intoxication because of claims it is unscientific and too subjective. This is despite the fact that the nystagmus test is a federally approved test. Although the federal guidelines call for officers to use objective scoring criteria, many officers do not understand the procedure for scoring. Basically, nystagmus refers to the involuntary jerking of the eyes. In conducting the nystagmus eye test the officer will use an object such as a pencil or finger and hold it approximately a foot away and move it left to right. Then, if the eyes jerk involuntarily, the officers claim that this motion is caused by excessive consumption of an amount of alcohol or narcotics. Doctors claim there are several other factors that can cause nystagtmus. A Michigan Bar journal article is highly critical of the the HGN test and other field sobriety tests. Horizontal Gaze Nystagmus Test It is also pointed out in the article that with the nystagmus test the video cameras will not show the defendants eyes so a jury will not get the benefit of an independent evaluation. Gerald R Stahl has helped individuals charged with Drunk Driving in Grand Rapids and the surrounding Michigan Counties for 30 years.Grand Rapids Drunk Driving Lawyer