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Understanding the Eye Gaze Nystagmus Test: Legal Insights and Implications
Definition & Meaning
The eye gaze nystagmus test is a field sobriety test used by law enforcement during driving under the influence (DUI) investigations. Nystagmus refers to the involuntary jerking movement of the eyes. When a person is intoxicated, this jerking can occur at lower angles than it would in a sober individual, making it difficult for them to smoothly follow a moving object with their eyes.
During the test, an officer typically holds a pen or similar object in front of the subject's face and instructs them to keep their head still while following the object with their eyes as it moves horizontally. If the subject's eyes begin to jerk before the object reaches an angle of 45 degrees, it may indicate intoxication.
Table of content
Legal Use & context
The eye gaze nystagmus test is primarily used in criminal law, particularly in DUI cases. It helps officers assess whether a driver may be under the influence of alcohol or drugs. This test can serve as evidence in court and may be part of a broader set of field sobriety tests that law enforcement administers during a DUI stop.
Individuals facing DUI charges can benefit from understanding this test, as it may influence their legal strategy. Users can find legal templates and forms related to DUI defenses through resources like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An officer pulls over a driver for erratic behavior. During the DUI investigation, the officer conducts the eye gaze nystagmus test. The driver's eyes begin to jerk at a 30-degree angle, leading the officer to conclude that the driver is likely intoxicated.
Example 2: A driver is stopped for speeding. The officer notices signs of impairment and performs the eye gaze nystagmus test. The driver's inability to smoothly follow the pen prompts further testing and ultimately results in a DUI charge. (hypothetical example)
State-by-state differences
State
Test Variations
California
Commonly used as part of DUI investigations.
Texas
Included in standardized field sobriety tests.
Florida
May be challenged in court based on administration.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Horizontal Gaze Nystagmus Test
A specific type of eye gaze nystagmus test focusing on horizontal eye movement.
Eye gaze nystagmus can refer to various tests; horizontal gaze is a specific method.
Field Sobriety Test
A series of tests used to determine a driver's level of impairment.
Eye gaze nystagmus is one type of field sobriety test.
Common misunderstandings
What to do if this term applies to you
If you are subjected to an eye gaze nystagmus test during a DUI stop, it is essential to remain calm and follow the officer's instructions. If charged with a DUI, consider consulting a legal professional who can help you understand your rights and options. You may also explore US Legal Forms for templates that can assist in your defense.
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