Home     Law Advice     Insurance Advice     Community    
        View All Law Topics        Free Case Review        Legal Resource Directory        FreeAdvice Answers       
Home > Law Advice > Drunk Driving > Penlight Test
Drunk Driving
  All States        
The officer used a penlight. Is this a field sobriety test?

If the officer moved the penlight in front of your face and asked you to follow it with your eyes, this is the "horizontal gaze nystagmus" test, which is supposed to test for being under the influence of alcohol. The officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical jargon for eye jerking); if this occurs sooner than 45 degrees, it theoretically indicates an excessive blood-alcohol concentration. The smoothness of the eye's tracking the penlight (or finger or pencil) is also a factor, as is the jerking when the eye is as far to the side as it can go.

This field sobriety test has proven to be subject to a number of different problems, not the least of which is that the non-medically trained officer's ability to recognize nystagmus and estimate the angle of onset. Because of this, and the fact that the medical community does not accept the test, it is not admissible as evidence in many states. It continues, however, to be widely used by law enforcement.

(Updated August 30, 2007)
Free Case Evaluation From An Experienced DUI/DWI Attorney.



Related Information
» Basic Questions
» DUI Articles
» Arrests
» Drunk Driving Defenses
» Legal Issues
» Roadside, or Field Sobriety, Tests
» Sentencing and Convictions
» Testing
» Traffic Stops

Topics Related To Drunk Driving
» Criminal Law
» Arrests And Searches
» Drug Crimes
» Drunk Driving
» Parole Probation
» Violent Crimes
» White Collar Crimes
» Juvenile Law
Get A Free Case Evaluation
From An Experienced DUI/DWI Attorney.
It’s Fast and Free!


Free
DUI Case Evaluation
Reviewed by an Experienced Attorney
State where incident occurred


City where incident occurred
Please select state first.

Enter your Zip Code





» Ask a question in our legal forum

» Search our legal resource directory

» Find an attorney in your area

» Let us find a lawyer for you




HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2009