Reader’s Question:

We got pulled over when we were driving home one night from a friend’s house in Georgia. We almost hit a post. My boyfriend was driving and he was charged with DUI. I’m just curious and to tell you honestly, I find it funny when the officer made him follow a penlight from the left to the right with his eyes? What did the officer do?

Mark

Macon, GA

Most police officers in Georgia perform this type of test. The term for this Field Sobriety Test (FST) is horizontal gaze nystagmus test. The medical term to describe a particular eye oscillation is nystagmus. Hypothetically, the steadiness of the eyes following the pen, and the degree at which the eyes begin to jerk indicate the level of alcohol in the blood of the driver. When the arresting officer performs this kind of test, he/she is attempting to judge if the angle is under 45 degrees to the side that the driver’s eyes begin to jerk. This typically means a blood alcohol level is over .05% if the angle is under 45 degrees.

The horizontal gaze nystagmus test is not permitted in many states. That is because the medical community does not regard it as credible. In addition, the majority of police officers that perform this test are not medically trained in the area. This means that their ability to properly judge the angle, and identify nystagmus is not reliable. Aside from the many apparent flaws, unfortunately, this FST is accepted in the state of Georgia.