Q: E: field sobriety test. What happens when the subject has congenital horizontal nystagmus?-and doesn't drink at all?
The horizontal nystagmus is quite visible and with horizontal nystagmus balance can be a slight issue at times. So walking in that line might be slightly wobbly.
A: The officer who asked you to do the HGN should have questioned you about any illnesses, medications, you were taken or conditions which would make it impossible for you to comply with the three parts of the HGN test. He could have performed the other two standardized FST's (walk and turn and one legged stand) and the results of these could be admissible if the HGN is precluded. This can be used as a partial defense in your DWI case, but obviously must be considered along with the other evidence which was obtained at the time of your arrest, including a chemical test of your blood, urine, or breath.
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