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DUIs in Idaho and That Eye-Jerky Test: The Lowdown
Ever heard of the Horizontal Gaze Nystagmus (HGN) test? It's one of the three tests cops might ask you to take if they pull you over thinking you've had a bit too much to drink. The big shots at the National Highway Traffic Safety Administration (NHTSA) give it a thumbs up, but between you and me, it's not exactly foolproof.
If you're in Boise and find yourself doing the HGN dance at the side of the road, give us a shout at Boise DUI. Our DUI defense team will dig into the details to make sure the test was done right. Just ring 208-392-1964 for a free chat.
Horizontal Gaze Nystagmus: What's the Deal?
It's one of three tests Idaho police might use to check if someone's been drinking a bit too much or maybe had something they shouldn't have.
How Does It Work?
Imagine standing there, hands by your side, eyes following a pen (or some such thing) as a cop moves it from side to side. They're watching your eyes for a certain kind of twitching, called nystagmus. But, to be fair, this test needs to be done just right to count.
Three Things Cops Look For
1. Your eye twitching before it moves 45 degrees.
2. Your eye going all twitchy when you look as far left or right as possible.
3. You having trouble following that moving object smoothly.
If they spot four out of six of these clues (three for each eye), they might think you're over the 0.08% blood alcohol level.
Challenging the Test
Got slapped with a DUI because of the HGN test? You might have a case. The test can be pretty subjective, and let's face it, not every cop is an eye expert. Plus, a bunch of things can mess with the results.
Some Reasons the Test Might Not Be Right:
- Crappy weather
- Too dark or too bright outside
- Being near a busy road
- Those blinding police car lights
- Any health issues or meds you're on
Did you know? There are over 38 reasons (not booze-related) your eyes might twitch.
At Boise DUI, we know the HGN isn't perfect. If you think your test was wonky, our defense team will dive into the nitty-gritty and see what's up.
Need a Hand with Your DUI Case?
If you've been hit with a DUI because of some roadside test, remember they're not always spot-on. Our team at Boise DUI knows the ins and outs of these tests and we're here to help. Drop us a line at 208-392-1964 or hit us up online. We've got your back!