NCJ Number
146310
Journal
Journal of Criminal Law and Criminology Volume: 84 Issue: 1 Dated: (Spring 1993) Pages: 203-238
Date Published
1993
Length
36 pages
Annotation
The National Highway Traffic Safety Administration (NHTSA) has developed a battery of tests to determine if drivers are intoxicated; one such test is the horizontal gaze nystagmus (HGN) test.
Abstract
The HGN test is premised on the fact that the automatic tracking mechanisms of the eyes are affected by alcohol. Nystagmus is defined as involuntary rapid movement of the eyeball. Although several jurisdictions use roadside sobriety tests to prosecute driving-under-the-influence cases, some critics question the HGN test's validity as scientific evidence in the courtroom. According to the NHTSA, the greatest advantage of the HGN test is that a trained observer can accurately determine whether the blood alcohol content of a subject is above or below 0.10 percent merely by administering the test. Opponents of the HGN test argue that it is not conclusive or reliable. The author looks at the HGN test's use in detecting intoxication, procedures adopted by the NHTSA for law enforcement, standards by which scientific evidence is admitted in the courtroom, the acceptance of HGN testing in various courts of law, the admissibility of HGN test results, and the need for jury instructions that identify the HGN test's strengths and weaknesses. She concludes that the HGN test should be admitted at trial as reliable evidence. 260 footnotes