DUI Attorney
FREDERICK V. BAUERLEIN
171 Village Parkway
Build 8A
Marietta, Georgia
30067
Telephone: 678-
Fax:770-
fred@duifred.com
Legislation calls for felony charges for repeated offenders. In 2010 the General Assembly passed legislation increasing the penalties for driving under the influence in Georgia. The new rule aims at severely penalizing repeat drunk driving offenders.
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The Georgia HGN Test: What You Need to Know
There are about 100 different causes of nystagmus in the eyes that are not alcohol related. In the state of Georgia, police officers are trained on the NHTSA approved field sobriety tests. There are only three and one is the HGN. This is known as the Horizontal Gaze Nystagmus.
The HGN has proven to be the most reliable of the field sobriety tests with 77%-
Nystagmus is when your eyes jerk involuntarily. While this can affect many people, the consumption of alcohol can create such an action. To check this, a police officer will have you follow a stimulus, such as a pen, finger or light with your eyes. Without moving your head, your eyes should be able to follow the stimulus without jerking.
Georgian officers are trained to look for lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation and onset of nystagmus prior to 45 degrees. However, if not administered properly, it has little or no effect. The officer will look for three "clues" in each eye for a total of six clues. If the officer believes to have witnessed four clues, you have met the arrest criteria per his training.
The HGN test has the potential to be the most damaging test of the three field sobriety tests. Your defense attorney must therefore attack on cross examination and/or provide your expert witness. There are about 100 different causes of nystagmus in the eyes that are not alcohol related.
HGN Test (Horizontal Gaze (Nystagmus):