When a Miami attorney is advising you on possible DUI charges, they will first want information about the details of your field sobriety tests aka roadside exercises, including one known as the HGN. The first thing you should know about the HGN is that you cannot “fail” the HGN. The HGN is not actually a test, but an exercise meant to help the officer measure potential impairment. The officer records their observations in the police report which is used if there is a DUI case brought against you.
The officer will measure four areas:
- 1.) Involuntary Motions of the Eye If you can follow the object with smooth motions of both eyes.
- 2.) Distinct Nystagmus when object held on one side – The officer moves the object to the side, drawing the eye as far over as possible, and holds the object there for 4 seconds. The officer notes if there is a distinct and sustained jerking of the eye at this point. The officer holds the object at this point for at least 4 seconds to ensure that quick movement of the object did not cause the eye to jerk. The officer then checks the eye on the opposite side.
- 3 – Ability to follow instructions – If you follow the instructions as given to you, or if your head moves while you are attempting to follow the object with your eyes, these things are marked on the officer’s DUI report as a sign of possible impairment.
- 4 – General demeanor – Throughout the entire DUI investigation the police are observing and r you. The best way to react is in a calm and cooperative manner.