When a person is pulled over, one of the first tests the police run is called the Horizontal Gaze Nystagmus. This is done in order to observe an involuntary shaking of the eyes that occurs when a person has a BAC or .10 or higher, .02 higher than the legal limit. The test involves an officer holding a pen or another object, asking the person to focus on it, then observing their eyes when the object is at the end of their sight line. A Portland Drunk Driving Lawyer can examine this test to determine if there were other reasons for a failure. If there were issues, it may be possible to get your charges dropped entirely.
Some people assume a failed Horizontal Gaze Nystagmus test or a failed field sobriety test cannot be challenged in court. In reality, there are many other factors which could lead to a failed test. For instance, certain cognitive problems can lead to a failed Horizontal Gaze Nystagmus test, even if a person didn’t have a drop to drink. The stress of being pulled over may cause someone to fail a field sobriety test even if they are perfectly sober. A Portland Drunk Driving Lawyer can examine the circumstances surrounding your arrest and find any issues that may exist with the prosecution’s case.
Before simply pleading guilty, speak with an attorney for a free consultation. This way, you can learn how best to proceed for your particular charges. There is no cost and no obligation to take advantage of this consultation, so it is always in a person’s best interest to take advantage of it to get information.
At Korll & Johnson, we have helped many clients charged with DUII in Oregon. We will aggressively challenge the evidence against you and fight to achieve the best outcome possible for your particular charges. For a free consultation with a Portland Drunk Driving Lawyer, contact Kroll & Johnson right away.