How does the pen sobriety test work?

The one field sobriety test that is considered to be the most accurate of them all is the horizontal gaze nystagmus (HGN). The HGN test involves the police officer having the driver follow a pen with his eyes. Nystagmus is the involuntary rapid movement of an eye either horizontally or vertically.

What is the pen test for DUI?

Otherwise known as the Horizontal Gaze Nystagmus (HGN), it is performed by an officer moving an object like a pen or finger back in forth in front of a person’s eyes and the results can tell an officer if alcohol is present in your body.

What are the 3 field sobriety tests?

The Standard Field Sobriety Test (SFST) is a battery of 3 tests that include the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand tests.

Has anyone ever passed a field sobriety test?

No one can pass the Field Sobriety Tests. Everyone fails them because they are more akin to a medical examination than the kind of test a teacher gives a student.

Do you have to take a field sobriety test?

Generally speaking, you are not legally required to take these tests, regardless of how many times an officer may ask you to do so. The tests are meant as an investigative aid to the police officer.

Why does a doctor ask you to follow his finger with your eyes?

The HGN test requires a suspect to follow a stimulus (such as a finger) with their eyes, while holding their head steady, to allow the officer to look for involuntary jerking of the eye as it tracks from side to side.

Can a sober person pass a field sobriety test?

You don’t have to be under the influence to fail a field sobriety test. In fact, about one-third of sober people who take a field sobriety test fail. If you have a medical condition that interferes with your balance, you may not be able to pass a field sobriety test.

Should you submit to a field sobriety test?

Answer: Absolutely not! If you are pulled over and accused of DUI, the police officer will ask you to take numerous field sobriety tests (One Leg Stand, Walk and Turn and the Horizontal Gaze and Nystagmus Test, among others).

Can you fail a sobriety test sober?

You can be completely sober and easily have a failed field sobriety test. This means an arrest for DWI or DUI. The arrest usually occurs before you can clear yourself with a breathalyzer test. Even when you’re completely innocent, you still may have an arrest record for the rest of your life.

Is it better to refuse field sobriety test?

Refusing field sobriety tests will most likely result in the person being arrested. If an individual passes the field sobriety tests, and does not register as legally intoxicated on a roadside breathalyzer test, the officer can still arrest the person if the officer suspects they are a danger to others.

Can you decline field sobriety test?

If an officer asks you to take a field sobriety test, you do have the right to refuse. You cannot be prosecuted for refusing a field sobriety test unlike the chemical test. Field sobriety tests are not scientific. They are what police often use as a basis for a DUI arrest.

Can you ask for a breathalyzer instead of a field sobriety test?

Police can’t force you to take a breathalyzer, and the portable ones are just an indicator. When combined with a field sobriety test it can lead to probable cause to make the arrest. All by itself it’s not enough.