When a person is stopped on suspicion of DUI, one of the first tests the officer will administer is called the Horizontal Gaze Nystagmus (HGN) test. This test observes the movement of the eyes to find involuntary movements which may indicate intoxication. At .10, the eye flutters or “dances” when it reaches its maximum horizontal vision. If the officer observes this, they will often administer a field sobriety test. The problem with this test, however, is that it is not just intoxication which can cause nystagmus. A Portland Oregon DUI Attorney can fight the validity of this test and fight any evidence that was collected as a result of it.
Other Causes of Nystagmus from a Portland Oregon DUI Attorney
The truth is there are many reasons why this condition could be observed in a driver. It can include:
- Problems within the brain
- Vitamin B12 deficiency
- Head injury
Just because this has been observed in a driver does not necessary prove that a person was driving with an elevated blood-alcohol level. A Portland Oregon DUI Attorney will work to show that this nystagmus was caused by something else and that no further testing should have been administered. If the legality of the testing can be called into question, it may be possible to have all the evidence thrown out. A lawyer can review your particular case to see if such a defense might apply.
If you have been charged with DUII in Oregon, do not simply plead guilty on your own. Contact a Portland Oregon DUI Attorney at Corbridge & Kroll today and learn your options. Our lawyers will fight to achieve the best outcome possible for your particular case, potentially keeping these charges off your record or beating them entirely. If you have been charged with driving under the influence of intoxicants, contact Corbridge & Kroll today for a free consultation.