As one that has prosecuted, defended and even judged DWI cases, I can tell you that when an HGN test is properly administered, it is FAIRLY reliable. The trouble comes in with the ability of the officer (and the bias--the movement of the eye is sometimes a subjective call) and the fact that some completely stone sober people will exhibit the same jerking movement. Many DWI arrests are now videotaped, and we can see how the driver did on the tests of manual dexterity and mobility, but that one test is not subject to review; it's the officer's word and that's it--the arrestee can't say "my eyes did NOT jerk."
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AVOR
A Voice Of Reason, not necessarily the ONLY one.
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