Horizontal Gaze Nystagmus Test in Colorado

The Horizontal Gaze Nystagmus (HGN) test is a widely used method in Colorado, and other states, to determine possible impairment due to alcohol or other substances. Understanding the intricacies of this test is not only useful for legal and medical professionals, but it also serves to inform the general public of their rights and the processes they might experience during roadside sobriety checks.

The Basics of Horizontal Gaze Nystagmus Test

The Horizontal Gaze Nystagmus (HGN) test is an assessment method used by law enforcement officials, typically during traffic stops, to determine potential impairment from alcohol or other substances. It’s a physical eye test based on a natural physiological reaction. Nystagmus, or involuntary eye jerking when looking sideways, is a common neurological disorder. This jerking motion becomes more pronounced when a person is impaired, providing a tell-tale sign to trained officers.

How is HGN Test Conducted?

The HGN test entails the officer horizontally moving an item in front of the suspect’s eyes, such as a pen or a tiny flashlight. The subject is asked to follow the object only with their eyes. The absence of smooth pursuit, the presence of distinct nystagmus at maximum deviation, and the commencement of nystagmus before 45 degrees are all signs of impairment that the officer will be searching for in each eye.

HGN Testing’s Importance in DUI Investigations

The HGN test plays a significant role in DUI cases as it is one of the standard field sobriety tests. If the officer observes signs of nystagmus, they may use it as a basis to arrest the driver on suspicion of DUI. This evidence can then be presented in court to help establish impairment.

Accuracy and Criticism of HGN Test

Though widely used, the HGN test is not without criticism. Its reliability has been questioned due to factors like officer training, the suspect’s health conditions, and the presence of certain medications. Nonetheless, when conducted correctly, it’s considered a reasonably accurate indicator of impairment.

Understanding the Results of an HGN Test

The interpretation of an HGN test result is subjective, and it’s dependent on the officer’s training and experience. Each of the three indicators of nystagmus is assigned a point, and if a total of four points or more is observed, this is generally considered as a fail, indicating possible impairment.

Legal Implications of HGN Test

The results of an HGN test can have significant legal implications. If it’s used as evidence in a DUI case, it’s crucial to understand how it was administered, how the results were interpreted, and if any outside factors could have influenced the outcome.

The Role of HGN Test in Field Sobriety Testing

The HGN test is a part of the Standardized Field Sobriety Testing (SFST) protocol developed by the National Highway Traffic Safety Administration (NHTSA). This test, along with the walk-and-turn and one-leg stand tests, form the triad of SFST.

Misconceptions and Misinterpretations of the HGN Test

Despite its widespread use, there are still several misconceptions about the HGN test. It’s critical to clarify that this test does not definitively prove impairment but rather provides potential evidence of it. Misinterpretation can lead to wrongful arrests.

Tips for Interacting with Law Enforcement During HGN Testing

Knowing how to interact with law enforcement during a potential HGN test can be vital. It’s important to understand that you have rights during these situations, including the right to refuse the test under certain circumstances.

The Future of HGN Test in Colorado

Looking ahead, the use of the HGN test in Colorado might be influenced by advancements in technology, changing laws, and ongoing discussions about its accuracy and reliability. Continued education and research are paramount to ensuring its appropriate use.

Frequently Asked Questions

1. What is the Horizontal Gaze Nystagmus (HGN) test? The HGN test is a field sobriety test used by law enforcement to check for impairment due to alcohol or other substances.
2. How is the HGN test conducted? An officer moves an object horizontally in front of a person’s eyes and looks for signs of involuntary eye jerking, known as nystagmus.
3. Is the HGN test reliable? While it’s considered a reasonably accurate indicator of impairment, its reliability can be influenced by various factors including officer training and certain medical conditions.
4. Can the results of an HGN test be used in court? Yes, the results can be used as evidence in DUI cases, but the way the test was administered and interpreted can be challenged.
5. Can I refuse to take the HGN test? Yes, you can refuse to take the test, but it’s important to understand the potential legal implications of doing so.
6. Does nystagmus always indicate impairment? No, nystagmus can also be caused by certain medical conditions or medications.
7. What other tests are used in field sobriety testing? The walk-and-turn and one-leg stand tests are also part of the Standardized Field Sobriety Testing (SFST) protocol.
8. Can the HGN test detect specific types of drugs? The HGN test is primarily used to detect impairment due to alcohol. However, certain drugs can also cause nystagmus.
9. How is the HGN test scored? Each of the three indicators of nystagmus is assigned a point, and a total of four points or more is generally considered as a fail.
10. Is the HGN test used only in Colorado? No, the HGN test is used by law enforcement across the United States.

The Horizontal Gaze Nystagmus test remains an integral tool for detecting impairment during traffic stops in Colorado and across the United States. However, understanding its basis, how it’s conducted, and its role in DUI cases is crucial for public knowledge and legal proceedings. With continued education, open dialogue, and further research, we can strive to ensure its accurate and fair application, safeguarding the rights of individuals while promoting public safety.