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Disputing the Horizontal Gaze Nystagmus (HGN) Test

When a person is arrested and charged with DWI, the case against them may rely on field sobriety test results to bolster the prosecution’s claims. These test results are commonly recorded in a police report that is documented by the arresting officer. While these tests are widely used, they are also often disputed for their validity or reliability. The horizontal gaze nystagmus test, used to measure involuntary movement with the eyes, is no exception.

If you have been arrested for a DWI, we may be able to help you fight these criminal charges and restore your good name. For more information about your defense options, contact Raleigh DWI attorney Jim Black at 919-600-4609 today.

When Is the Horizontal Gaze Nystagmus Test Unreliable?

The horizontal gaze nystagmus test can be disputed in several different instances. There are health concerns and certain commonly used substances that can cause involuntary eye movement similar to what police are looking for with the HGN test. These other causes can include the following:

  • High blood pressure
  • Syphilis
  • Measles
  • Use of certain pain medications
  • Use of caffeine
  • Use of nicotine
  • Use of antihistamines
  • Eye strain
  • Exhaustion

If a person can persuasively argue that they were affected by the above, rather than by alcohol, they may be able to dispute the police report’s validity in regard to this field sobriety test.

Contact Us

There is no time to delay seeking aggressive and capable legal representation when you have been charged with DWI. Contact Raleigh DWI defense lawyer Jim Black by calling 919-600-4609 to discuss your situation with a committed advocate.


"Jim, I just wanted to thank you again for everything you did for me. I am very happy about the outcome and would recommend you to anyone and everyone who has a DUI case. Two things that stuck out the most is your patience and honesty, you wanted the best for me and that was obvious."

The Law Office of Jim Black

5 West Hargett Street #310
Raleigh, NC 27601

Phone: (919) 600-4609
Fax: (919) 834-4891


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