Administering the Nystagmus Test

Monday, July 28th, 2014

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Graham DUI defense attorneyIt’s crucial for your Orting DUI lawyer to know if your Nystagmus test was administered the right way. If not, it could make a big difference in your defense.

Explaining the Nystagmus Test

“Nystagmus” is a term for rapid, uncontrolled eye movement. A good Orting DUI lawyer should be able to give you an overview of the Nystagmus test. First, police officers will ask you to follow a stimulus with your eyes. According to most legal guidelines, officers must give the test in the following manner:

  1. If you are wearing glasses, the officer must ask you to take them off.
  2. The officer must tell you to put your hands at your side and place your feet together.
  3. You should be instructed to keep your head still throughout the test and to continue looking at the stimulus until the test is over.

If you took the test and the officer failed to do any of these things, be sure to tell your Orting DUI attorney.

Other Aspects of the Test

Experienced Orting DUI lawyers should be familiar with all aspects of the Nystagmus test, including checking for equal tracking of the eyes, equal size of the pupils and lack of smooth pursuit of the eyes. Police officers know that if they don’t follow the proper guidelines, the defendant’s Orting DUI attorney is likely to bring the matter up at trial. Lawyers are often able to win cases where police did not follow proper test procedures, thereby rendering the examination ineffective.

If you have more questions for an Orting DUI attorney regarding sobriety tests, call Greene & Lloyd PLLC at (253) 770-0808 today.


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