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Yes, you can be charged with DUI without a breathalyzer or blood test. Law enforcement can use observations from field sobriety tests, including the DUI eye test without additional evidence. They may also rely on witness statements or your behavior prior to the arrest. If you find yourself in this situation, consider consulting with a legal expert to understand your rights and options.
To pass a DUI eye test without worry, focus on staying calm and composed. During the test, the officer will check your eye movements for signs of impairment. You can practice maintaining steady eye contact and minimizing distractions. Remember, if you believe you are being tested unfairly, you have the right to seek legal assistance.
Clues: Lack of smooth pursuit in left eye. Lack of smooth pursuit in right eye. Distinct and sustained nystagmus at maximum deviation in left eye. Distinct and sustained nystagmus at maximum deviation in right eye. Onset of nystagmus prior to 45 degrees in left eye. Onset of nystagmus prior to 45 degrees in right eye.
The stimulus is placed approximately 12-15 inches in front of the individuals face slightly above eyebrow level. The test consists of the Deputy moving the stimulus horizontally at designated speeds. While doing this, the testing Deputy looks for horizontal jerking in the eyes at different positional locations.
The standard field sobriety tests will show intoxication for those under the influence of Xanax. HGN will be present, VGN and LOC can be present, subjects may have a slower than normal Romberg and poor performance on the divided attention tests.
Only 2 things cause Horizontal Gaze Nystagmus: Refer to NHTSA Student Manual VIII-3 The DIP Drugs (Depressants such as alcohol, xanax, valium, etc.; Inhalants, and PCP), and Serious Brain Stem Injury.
Based on validation studies and research officers are trained on, if an officer observes 4 or more clues, it indicates that the person's blood alcohol concentration (BAC) is 0.08 grams or higher.