Field Sobriety Test Demonstration: What is Horizontal Gaze Nystagmus?

The horizontal gaze nystagmus is a field sobriety tests that police use to determine if a driver is intoxicated. Board Certified Defense Attorney Benson Varghese demonstrates the test and explains how to determine if police administered it correctly.
#fieldsobrietytest #intoxication #dwi
Varghese Summersett PLLC
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Board Certified Criminal Lawyers in Fort Worth, Texas. We handle state criminal cases in Tarrant County and surrounding counties. We also handle federal criminal cases across the country.
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0:00: What is Horizontal Gaze Nystagmus?
0:31: How drinking affects the eyes (jerking)
1:00: Different types of nystagmus, i.e. rotational nystagmus
2:25: Proper administration of the HGN test
2:35: Qualifying the driver for the test
3:22: Using a stimulus (pen with light)
4:22: Standardized tests
4:40: Demonstration: Checking for equal tracking and pupil size
5:45: Lack of smooth pursuit
7:23: Distinct and sustained nystagmus at maximum deviation
8:49: Onset of nystagmus prior to 45 degrees
9:20: Spotting improper administration testing errors
10:22: Failing the test
10:37: Problem with HGN: Most officers administer it incorrectly
11:27: Audience questions about HGN test

[@jessicalynn6285]

The attorney describing the test speaks VERY well, in a manner that is very easy to follow along and understand. Explained it perfectly. At one point he is discussing moving the stimulus farther out from the shoulders for a second time, and I said out loud, "4 inches" even though I had been distracted while watching this and wasn't trying to memorize particular details of each part. This is when you know you have a very good instructor.

[@DavidWicks-uj8on]

Very informative. I have always been curious about what officers were looking for during this test and you sir explained it very well. Thank you.

[@1amyruth]

I just need to comment on the speaker. I do not remember ever having a lecture presented this well. 👏🏼👏🏼👏🏼

[@icemonkey47]

Awesome video!

[@lisasimonson5051]

My field sobriety test took an hour and 36 minutes and during the horizontal gaze the officer administering the test was shining a bright blinding light in my eyes and I stated five times that I was being blinded by the light. I have several medical conditions and medications which caused failure. If you have a court appointed attorney this will not be brought into consideration.

[@scottwalden5085]

Distinct and sustained nystagmus at maximum deviation is further than 45 degrees not at 45 degrees. After all, the last portion of the test is onset of nystagmus, prior to 45 degrees.

[@Noisycowonline]

Would the test in detail show in the officer's body cam? What would stop an officer from saying you failed when you passed? We all know many would do exactly that.

[@paulhart3812]

I’m stone cold sober, but my eye movements side to side are not smooth.

[@Bobbywolf64]

You need something to look at and follow. If you try to smoothly scan your eyes left to right across a room, it is nearly impossible. Try it again staring at the tip of your own finger, sweeping back and forth with your head still.

[@markhonea2461]

I recently had to do the eye test. It wasn't easy to see the unlighted pen because it was nighttime and no streetlights nearby, and he would move the pen well beyond where I could see without turning my head. I passed that I guess. I should have. Then he asked me to put my feet heeltoe and balance there. I couldn't do it, and I was surprised, but I tried it later and I was capable of doing it just like I presumed I was, but the difference was that I tried where it was LIGHT and I could see the ground, and when the cop asked me, I COULD NOT see the blacktop in the dark of night, of course not, and couldn't get my typical bearings. And he let me skip that test, for some reason. Then it was count backwards and hold one foot about 8 inches off the ground and balance on the other. I could do it for about a 5 count and then I would begin to lose my balance much for the same reason however I my was able to hold my foot steady above the ground and when I thought about it later it seemed they were watching that steady foot and did not so much care about my wild swaying arms and losing my balance. I'm almost certain. The thing is, if these tests are legit, I should have passed. Initially he asked me if I had anything to drink at all or any meds or drugs I told him no. When it was nearly all over he asked "now how long did you say it was since your last drink?". I flat out told him in front of his 3 other cop buddies that I DIDN'T tell him I had a drink earlier. He mumbled something about having a poor memory but we all knew he was lying, and he knew that we knew. I could go on😂 Anyway the only reason he pulled me is for driving with my left turn signal on. Yeah, I was. For about 5 miles! And he had to have been behind me the entire time, since I must have merged onto the highway, using my signal, right then. I didn't know he was back there. I didn't speed or sway or do anything weird, but I did leave the TS on the entire time. It was blocked by the steering wheel, perfectly, the way I sit in the seat. But I figured how to raise and lower it to stop that problem. He let me go, after I assured him I was safe to drive. But only after he asked me to assure him I was safe to drive. The entire thing was weirdly weird. First time ever doing those things, and I was born in the late 50s. One of the cops said he was going to mail me a ticket about the turn signal thing, but he might have changed his mind. Just plain dumb and didn't prove a thing and I would place money that not one of those cops could have succesfully completed those tests in those conditions at that time, EXACTLY as it was presented to me including 1- darkness.2- totally surprised encounter, where he was alone and I could bark unfamiliar orders to him much like a 'simon says' game. 3- I get to physically search him while his hands on top of his head, fingers laced, and exactly at that time, have three of my tallest friends show up ARMED in separate cars with emergency lights on, or let's say something as intimidating as that to them, but not something they are familiar with, and it needs to be attempting to be intimidating.4- My armed friends get to ask random unrelated questions as to my personal self during my recent life and as well my distant past life. Well no, skip number 4, that happened after the hoops I had to jump through. I know these old boys couldn't have done half as well as I did. My job entails having my balance and using it very often and rarely two times in a row the same. I have to get all the way down on the floor and stand all the way up 50-100 times a day. Walk/maneuver around low lying gear that's usually right in my path and I'm in a hurry. And move heavy objects around with or without the use of a hand truck. All of this keeps me pretty lean, and the overweight old (hahaha they were all more than ten years younger than me) boys cops sitting in that car all day long I GUARANTEE YOU they couldn't have done what they asked me to do. And I will tell you right now that if I had decided to run it might've killed one or more with a heart attack, and for certain they couldn't have caught me in a foot only race. Ive been swinging both legs over a fence longer than those boys have been in long pants and it would be an embarrassment to have to watch them struggle over a fence. Hey, no offense guys, but don't be mad at me for our differences and me pointing out the honest truth. I understand there are exceptions, and some cops are supermen, and also 28. Fact is, none of that happened that night. Didn't need to. They knew I hadn't been drinking,. Never even breathalyzed me. I wonder what they talked about when they walked away for a few minutes and then returned. I suppose they didn't have nothing on me and didn't feel like twisting the truth and booking me into jail, for some personal reason.

[@byah160]

Nobody is reading your bullshit story

[@BlueMoonOfKentuckyKeepOnShinin]

Omg you need to get a life or a hobby

[@Fin-gj2th]

If I wasn't drinking, and just went thru this whole ordeal you went thru, halfway thru this shit show, I would of just asked for a breathalyzer and get the whole damn thing over with, you can't fool a breathalyzer, alcohol is purged out the body thru the lungs, no way to get around that. People do have medical conditions that can cause a failed sobriety test, but a breathalyzer will surely detect alcohol, especially the units they have at the police station. Then I would collect their badge numbers and put a compliant in and make their life's a little harder like they did by wasting your time!

[@joebrinson5040]

Of course, you could not drink and drive.

[@billslaymaker7403]

You didn’t mention anything about meds that can cause the nystagmus. Do you cover that in a different video?

[@GG-wg1yh]

What do you think this test is for ? To determine clues of impairment from drugs and or alcohol.

[@billslaymaker7403]

@@GG-wg1yh I was wondering about the specific meds that they feel impair. As someone in the medical field for 30+ years and working closely with law enforcement I know exactly what the test is for.

[@GG-wg1yh]

@@billslaymaker7403 there's an entire matrix you can look at online CNS depressants CNS stimulants hallucinogens narcotics inhalants cannabis that can cover a wide variety of prescription medications that people should not take when they drive and it's clearly stated so

[@NotACop25]

​@GG-wg1yh cop and EMT here. There are medications that do not impair driving ability and do cause horizontal gaze nystagmus. We generally try to obtain this information before administering SFSTs. This part of why OWI/DUI investigations focus on the totality of all the circumstances. SFSTs are not perfect (roughly 91% accurate in determining impairment) and contrary to popular belief, they are a small portion of the evidence in most OWI arrests.

[@billslaymaker7403]

@@NotACop25 well at 63 and knowing (for the most part) what medical conditions and meds would get you an automatic fail, I’ll just refuse FST’s. Take me straight to a breathalyzer machine!

[@aliciaparsons9177]

I have a genetic nystagmus I’d be in jail quick 😮

[@gerlagerweij]

I just don't get why they're not using breathalyzers, always and everytime. It's faster, takes out the human variabel and it's just way easier to do.

[@TheRealJustinDurbin]

Because sugary foods and drinks, the yeast in bread, cold and allergy medications, as well as mouthwash can show false positives for blood alcohol content on a breathalyzer. Also DUIs are very serious crimes so its best to gather as much evidence that someone was under the influence of drugs or alcohol as possible so that the charges have a better chance to hold up in court. Sources: my dad and brother’s 35 combined years in law enforcement and a tiny bit of google on my part.

[@gerlagerweij]

​@@TheRealJustinDurbin Dutch law enforcement use the breathalyser in every case. When people seem to be under influence and the portable breathalyser indicates so, then the driver will be taken into custody. There a second and more accurate machine will be used to determine the exact intoxication. All scientifically proven, way faster, more accurate, and easier to understand for anyone. Takes the human variable out of the equation, which we all no is more fair. Annuleren Beantwoorden

[@TheRealJustinDurbin]

@@gerlagerweij in the US if an officer takes you to jail for DUI they will get a warrant for a blood draw at the jail or hospital and more accurately determine your Blood Alcohol Content and if it shows zeros then you’ll be free to go.

[@aliciaparsons9177]

Not a reliable test unfortunately

[@luiscelorio2259]

Can one say that one prefers the breathalyzer test to the field sobriety test?

[@tedthurgate]

The field sobriety tests are not mandatory. The police will always ask if you are willing to do them. They might word it in a way that it kind of sounds like a command, but it isn't. You can say no. You can say no to the roadside breathalyzer too. But, if asked to, you have to do a blood, urine or breathalyzer test (the accurate one at the station).

[@davelavigne2133]

@@tedthurgate You are correct on the blood test at the station, and you should always refuse the sobriety tests as they will most likely only be used to build a case against you.

[@jcdisci]

Anyone with any intelligence would realize more is going on with HGN is more than meets the eye. I've always wondered what was being evaluated. Of course, anyone with any intelligence wouldn't drive drunk

[@yurchikkk]

Imagine being this volunteer guy but high af and somehow pass it as sober

[@evansteidtman962]

Lmaooo I think this video is mostly about alcohol impairment but it would be funny 😭😭

[@phyx1s]

Strange that police is using this technique. Why not just use a hand / mobile breath test equipment where you blow in for a couple of seconds. It shows the result in few seconds and is very accurate while this gazing test takes ages. And it is only accurate (enough) if the officers are doing it correctly - which they probably don't as it is tremendous complex for the police and the subject.

[@v4leriya]

because if you rinse your mouth with a listerine, the breathalyzer will show you as being intoxicated, and this can be used as a defense in court

[@phyx1s]

@@v4leriya True, it also happens if you eat a (1) bon-bon with a tiny bit of alcohol while driving. But if proven intoxicated by breathalyzer, it should be sufficient indicator for suspicion of drinking. A further blood-test can give the final verdict for the case. So only in proven cases more test are needed and in most cases it is a fast check.

[@v4leriya]

@@phyx1s so then how many false positives are going to be dragged to jail for suspicion of drinking every day when they just accidentally ate a candy with alcohol? A lot, I imagine, wasting everyone’s time. Field test while also not 100% proof, is more accurate in that regard.

[@phyx1s]

@@v4leriya None, becouse any suspect of breathalyzer will get a blood test and that will conclude yes/no. Only when intoxicated a bloodtest is positive, not with candy or listerine.

[@v4leriya]

@@phyx1s where will the blood test be done? At the roadside or when taken to jail?

[@Corina-dq2my]

This is an awful condition. It's no fun. Just be nice to someone who has nystagmus because you'll be able to see they're sober. But it's hard because nystagmus causes anxiety sometimes because it's throwing the person off. It's really straining on the eye muscles and throws off depth perception and many other things too. Sometimes they get double vision, and feel like they're in an earthquake. Also visual blurs or dark spots can happen. Slowed sense of motion. And shaking and like you're looking through a glass when you're not. If someone has nystagmus but is sober, you'll see the eye going way off, or not tracking normally. Its more obvious.

[@chronichigh]

These sobriety test are a little bit to subjective and favor the discretion of the observer. People aren't one size fits all when it comes to performance and body functions. These test leave to many loopholes for mistakes, incompetence, biased confirmation and flat out dishonesty. A perfectly calibrated breathalyzer test is what they should be working on, not foolishness like this.

[@grizzlyadams4390]

This BS about candy and other false positives is complete crap...if you don't believe me go have blood drawn as is your legal right (on your dime). Never seen blood lower than PBT or Intox 9000. And you've just helped the police convict you.

[@timothybriney9788]

I would be ever stand on the side of the road acting like a clown, take me to the breathalyzer