Introduction to the HGN Test
The Horizontal Gaze Nystagmus test is a standardized field sobriety test used by law enforcement to assess a driver's level of impairment. It involves observing the driver's eye movements as they follow a stimulus, typically a pen or finger, with their eyes.
The test is based on the principle that when a person is under the influence of alcohol or other substances, their eyes will exhibit nystagmus, or involuntary jerking movements, as they track the stimulus.
How the HGN Test is Administered
The HGN test is administered by a trained law enforcement officer who will ask the driver to follow the stimulus with their eyes. The officer will then observe the driver's eye movements, looking for signs of nystagmus, including the inability to track the stimulus smoothly and the presence of distinct nystagmus at certain angles.
The test is typically performed in a well-lit area, with the driver standing with their feet together and their eyes focused on the stimulus.
Passing the HGN Test
To pass the HGN test, a driver must be able to track the stimulus smoothly and without exhibiting nystagmus. The test is divided into three phases, each assessing a different aspect of the driver's eye movements.
A driver who exhibits nystagmus at any of the angles or is unable to track the stimulus smoothly will be considered to have failed the test.
The Number of Passes Required
The HGN test is designed to assess a driver's level of impairment, and the number of passes required to pass the test is not strictly defined. However, a driver who exhibits nystagmus at two or more angles is generally considered to have failed the test.
In some cases, a driver may be asked to perform additional field sobriety tests, such as the walk-and-turn or one-leg stand tests, to further assess their level of impairment.
Conclusion
The HGN test is an important tool used by law enforcement to assess a driver's level of impairment. While the number of passes required to pass the test is not strictly defined, a driver who exhibits nystagmus at two or more angles is generally considered to have failed the test.
If you have been arrested for DUI and have undergone the HGN test, it is essential to consult with a qualified attorney to understand your rights and options.
Frequently Asked Questions
What is the purpose of the HGN test?
The HGN test is used to assess a driver's level of impairment by observing their eye movements.
How is the HGN test administered?
The test is administered by a trained law enforcement officer who observes the driver's eye movements as they follow a stimulus.
What are the signs of nystagmus?
Signs of nystagmus include the inability to track the stimulus smoothly and the presence of distinct nystagmus at certain angles.
How many passes are required to pass the HGN test?
The number of passes required is not strictly defined, but a driver who exhibits nystagmus at two or more angles is generally considered to have failed the test.
Can I refuse to take the HGN test?
While you have the right to refuse to take the HGN test, doing so may result in additional consequences, such as the suspension of your driver's license.
What happens if I fail the HGN test?
If you fail the HGN test, you may be arrested for DUI and face additional consequences, including fines, jail time, and the suspension of your driver's license.
