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One of the “standardized” field sobriety tests routinely given in a Seattle DUI arrest is the “eye test” otherwise known as the test for Horizontal Gaze Nystagmus. In this test, the DUI arresting officer looks for “bouncing” or “jerking” of the eyes as they follow a stimulus, usually a finger or a pen. If the [...]

Most people are familiar with the “usual” balancing and coordination field sobriety tests that are given to a driver who has been detained on suspicion of DUI. These tests include “walking the line,” balancing on one leg, and sometimes the finger to nose test. A very coordinated person who is in good physical condition is [...]

In February of this year, the long anticipated decision in State v. Baity, 140 Wn.2d 1 (2000) was published and the battle over the admissibility of Horizontal Gaze Nystagmus (HGN) was thrust to the forefront. HGN is the side to side jerking of the eyeball, a natural phenomenon that can be exaggerated by the consumption [...]

For years DUI defense lawyers in this state have tried to convince judges that field sobriety tests must be conducted in compliance with the guidelines established by the National Highway Traffic Safety Administration (NHTSA). Given NHTSA’s bright line disclaimer in its student manual validating the field tests only when the tests are …