What Is HGN?

If you were recently stopped in Kentucky and the officer suspected you were drinking and driving, you likely had to perform a series of “field sobriety tests”, or FSTs. Although there are a seemingly endless variety of FSTs that a law enforcement officer can use to test a motorist, the most commonly used FSTs are those that are considered to be standardized by the National Highway Traffic Safety Administration, or NHTSA. One of the three standardized FSTs is the Horizontal Gaze Nystagmus, or HGN, test. A better understanding of HGN may help you understand the results of your HGN test.

The HGN test is usually performed with a pen light or other similar instrument. The officer will ask the motorist to follow the instrument as the officer moves it from the center of the motorists face to one side and then back again. The subject is told to follow the instrument with his or her eyes only. The officer is looking for “horizontal gaze nystagmus” which refers to a lateral or horizontal jerking when the eye gazes to the side. The way your system is wired, when alcohol or some central nervous system depressants enter your system it becomes harder and harder to control eye movement, hence the jerking and twitching when your eye tracks to the side. At about a 45 degree angle from your eye your peripheral vision is triggered. If the test subject’s eyes show signs of HGN, it is considered to be a sign that the motorist has been drinking and/or is under the influence of a controlled substance.

If the HGN test is performed correctly, and if the suspect does not have any conditions that can affect the results of the test, the HGN test can be an accurate predictor of alcohol use. Unfortunately, the test is often administered by an officer who lacks training or who simply failed to use the training provided to administer the test properly. A variety of circumstances and/or conditions can skew the test results, resulting in a false positive.

If you have been charged with driving under the influence in Kentucky and the HGN test was used as one of the FSTs, contact an experienced Kentucky criminal defense attorney as soon as possible to discuss the test results and your possible defense options.

The criminal defense attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience handling driving under the influence cases. This experience has enabled the attorneys to achieve the best possible results for their clients time and time again. Your case is important to you; therefore, it is important to us. We represent clients in Hardin County and surrounding counties from our offices in Radcliff and Elizabethtown and Louisville.

Contact us at (270) 351-6069 or 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form. We look forward to meeting with you to discuss your legal options.