An officer will stand before a suspect with a pen, pen light, or pencil in one hand and a flashlight in another hand. The officer will ask the person if they are wearing contact lenses or have any eye problems. According to NHTSA, there is no variation in results if the officer administers the test to someone who is wearing contact lenses.
The officer then instructs the suspect to follow the pen, pen light or pencil that he is holding in front of the suspect's face, as he moves to the left or right. The person is supposed to keep his or her head still. Often times, the suspect will not and the officer will enjoy telling the jury that the defendant was not listening to instructions.
Stay tuned as we continue to examine the HGN test used to investigate people suspected of DWI. If you have been charged with DWI,
contact a
Plano criminal defense lawyer today.