Dui Eye Test Without Consent

State:
Multi-State
Control #:
US-Q1012
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Word; 
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

The horizontal gaze nystagmus test is a type of field sobriety test used to measure nystagmus, which is the medical term for an involuntary jerking of the eyeballs. Nystagmus can occur for many reasons, but becomes more pronounced when someone is intoxicated.

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.

HGN Cues/Clues of Intoxication There are a total of three clues that can be assessed in this test: lack of smooth pursuit, distinct nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees. Each eye is scored independently for three clues in each eye giving a total of six indicators/cues.

The first standardized field sobriety test that officers rely on during a DUI investigation is the HGN, or the Horizontal Gaze Nystagmus test. Nystagmus refers to the involuntary jerking of the eyeballs. The jerking becomes more pronounced when someone is intoxicated by alcohol or certain drugs.

Onset of Nystagmus Prior To 45 Degrees The point at which the eye is first seen jerking. If the jerking begins prior to 45 degrees it is evident that the person has a BAC above 0.08, as shown by recent research. The higher the degree of impairment, the sooner the nystagmus will be observable.

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Dui Eye Test Without Consent