Eye Gaze Nystagmus Test Law and Legal Definition
Eye Gaze Nystagmus Test is one of the field sobriety tests. This test is given during a Driving Under Influence Investigation. Nystagmus means the jerking of the eyes. When a driver is intoxicated, the jerking of the eyes occurs much sooner and the intoxicated person cannot follow a slowly moving object smoothly with his eyes.
In a eye-gaze nystagmus test, the officer holds an ink pen vertically in front of the appellant's eyes and instructs him/her to hold his/her head still while following with his/her eyes the path of the pen as the officer moves it across his field of vision. If a subject's eyes begin to jerk before the pen arrives at a point of 45 degrees, it can be inferred that the subject has been drinking. [Hust v. State, 1987 Ark. App. LEXIS 2286 (Ark. Ct. App. 1987)].
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