When a police officer suspects someone of DUI he will check the driver’s eyes for some indication of impairment. This is called the Horizontal Gaze Nystagmus Test.
The Horizontal Gaze Nystagmus Test or “HGN,” is a test used to determine a DUI suspect’s or OVI suspect’s state of intoxication or impairment.
The nystagmus is an involuntary muscle reaction. This involuntary muscle reaction appears as though the eye is jerking.
The officer is looking for the jerking movement of the eyes. The officer is trained to determine how soon in the movement the jerking motion appears. The belief is the earlier or greater (if you will) the jerking motions begins, the higher the level of intoxication.
The National Highway Traffic Safety Administration promoted the use of the HGN in the late 1980s. NHTSA set forth a procedure that officers should follow when administering the HGN.
The procedures recommended by NHTSA include the positioning of the suspect. Should the suspect be positioned in the front of the cruiser, the front facing strobes should be off. The lights may affect the reliability of the test.
There are physiological conditions other than intoxication that may lead to the onset of nystagmus.
Remember, a police officer is not a trained medical professional. A police officer is a lay person. Although a lay person may be able to observe the onset of nystagmus, correlating that observation to any degree of intoxication is an opinion reserved for medical experts.
An officer will typically initiate a traffic stop upon observing a traffic violation. That traffic violation may include, mark lane violation, speeding, failure to observe a traffic control device, Failure to maintain assured clear distance ahead, etc. However, a moving violation is not always involved. The officer may initiate a stop based upon a non-moving violation for example, ^ headlight violation, taillight violation, loud exhaust, expired license etc. The officer may additionally legally stop an individual if after running the license plate it is discovered that the driver may not be properly licensed.
No, in Ohio, an arrest must either be supported by a warrant to arrest or probable cause to arrest.
In Ohio the vast majority of arrests are warrantless arrests. In Ohio the reason for the stop will usually be valid. However, the officer must have reasonable articulable suspicion to detain the suspect. It is during this brief encounter that the office develops probable cause supporting a warrantless arrest.
Initially the officer will observe “indicia of intoxication.” The officer will take note of whether or not an odor of an alcoholic beverage is present. If others are in the vehicle the officer may have the driver exit the vehicle separating the driver from the passengers to determine if the odor of an alcoholic beverage comes from the driver or passengers.
Initially the officer will observe “indicia of intoxication.” The officer will take note of whether or not an odor of an alcoholic beverage is present. If others are in the vehicle the officer may have the driver exit the vehicle separating the driver from the passengers to determine if the odor of an alcoholic beverage comes from the driver or passengers.
A police officer will take notice of the condition of the driver s eyes. The officer will note blood shot and glassy eyes. The officer will additionally note the driver’s speech.
Many drivers admit to consuming alcohol. Some believe that if they admit to a single drink or two drinks, or they state that they have had nothing to drink in the past few hours they are OK. This is certainly not the case. Admitting to drinking only adds to the probable cause the officer is building for an arrest.
A traffic stop must be for a valid reason. The officer may detain the driver based only upon a reasonable articulable suspension. The officer may then proceed to further developing probable cause for the arrest.
Browse Our Website
Contact Information