Salt Lake City Nystagmus Test Lawyer

If you are pulled over for DUI, the police will try to persuade you to submit to a set of standardized field sobriety tests (SFSTs) for evidence that you are drunk. One of the tests has the strange name horizontal gaze nystagmus test, or just gaze test.

Nystagmus means a sideways jerking of the eye in people who have been drinking. It is usually administered with a penlight guiding your eye movement. If the test can stimulate this jerking effect, that is evidence that can be used against you. You have probably seen it on TV.

Can I Refuse A Nystagmus Test?

  1. Never refuse a blood or breath test. Police will be antagonized, and they will arrest you.
  2. Always refuse to do the SFSTs. Police can force the response they want, if they jiggle the penlight enough. Almost everyone fails it, even sober people. Unlike the chemical tests, it’s not a crime to refuse SFSTs. All you are doing by submitting to the test is helping the police arrest you.

The nystagmus reaction can be caused by many things besides drinking. Nervousness, muscle twitches, eye strain, brain damage, brain tumors, inner ear diseases, and more than 100 other conditions all can trigger the nystagmus response.

It’s Not Your Job To Help The Police Arrest You

The other SFSTs check for coordination, balance and dexterity, all of which are supposedly diminished in people under the influence of alcohol. The problem with them is the same: they don’t prove anything, but they supply evidence that will probably hurt you.

Arrested for driving under the influence of alcohol?

Before you talk to police, talk to Salt Lake City nystagmus test attorney Carl N. Anderson at (801) 997-9534 to learn more about defense against DUI charges, we invite you to call DUI attorney Carl N. Anderson for a free case evaluation.


Get your questions answered – Call for a consultation (801) 997-9534