If you have ever watched a crime show where a police officer is waving a pen, small light, or finger in front of a person who has been pulled over for DUI and wondered why this was happening, it is because the police officer is performing part of a field sobriety test.
The Horizontal Gaze Nystagmus exercise, or more commonly referred to as the “Pen Test,” is an exercise in which a police officer waves an object (small light, pen, finger) in front of the driver’s eyes to evaluate their field of vision. If the driver’s eyes move smoothly, no nystagmus is seen, but if the eyes struggle to move, the officer may claim to have seen Horizontal Gaze Nystagmus.
This eye exam, performed by trained medical professionals, is used to screen for certain injuries and conditions. However, one problem with this exam is that it is often administered by police officers who have very little, if any, training.
Common errors of this exam include:
- moving the object (light, finger, pen) too quickly across the field of vision
- holding the object too close or too far from the driver’s face
- holding the object too high or too low
These errors can result in suppressed results of the Horizontal Gaze Nystagmus exercise.
If you have been charged with a DUI and feel that the administration of your test have been made in error, it is important to speak with an experienced DUI defense lawyer. Our legal team at Katz & Phillips, P.A. are here to discuss this and other DUI issues related to your case.
