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A Sacramento DUI Attorney Discusses the Proper Administration of a Nystagmus Test During a DUI Stop

Police carIf you have been arrested on DUI charges, there is a good chance the arresting officer gave you a nystagmus or “eye-movement” test. As a Sacramento DUI lawyer can explain, this test measures erratic eye movements consistent with intoxication. Any deviation from proper administration of the test may help your defense.

The Nystagmus Test Explained

The nystagmus test measures the movement of your eyes from side to side. Your Sacramento DUI attorney can review the officer’s report to determine whether he followed proper procedure.

How the Test is Given

The arresting officer should follow carefully the technical instructions during the test. This does not always occur, whether because the officer is lacking proper training or neglects to abide by the procedures. The officer should tell you to:

  • remove any eyeglasses;
  • stand with feet together, hands at your sides;
  • look at the stimulus (often a pen);
  • track the stimulus with only your eyes (don’t move your head) until told to stop.

Your Sacramento DUI lawyer also knows what the officer should observe including:

  • equal eye tracking and pupil size;
  • smooth tracking starting with the left eye;
  • any jerking of the eye away from the stimulus;
  • up and down eye movement;
  • the total of all clues.

If the officer’s report indicates any deviation from proper administration, a Sacramento DUI lawyer may use this to argue invalid results.

If You are Charged With Driving Under the Influence

For experienced legal help when facing DUI charges, contact Sacramento DUI lawyer, Param Pabla at (916) 285-7900.

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