A Nystagmus is an involuntary jerking of the eyes. The Horizontal Gaze Nystagmus (HGN) is an FST used to see if alcohol or another drug has caused your eyes to jerk. Since the HGN response is completely involuntary (you can't control your body's response) this test is considered the most reliable of the field sobriety tests. When used together with other tests it is said to be 88 percent effective in determining whether a person has over a .08 BAC. The officer will tell you to stand with your feet together with your hands to your sides, hold your head still, and follow the tip of a light or pencil with your eyes only. If you cannot stand with your hands by your sides, the test will be over. If you can, your body will give you away if you …show more content…
It only 68 percent accurate, but when combined with the HGN, the accuracy goes up. The walk and turn test has two parts: instructions and walking. The officer will be taking notes on both stages. As with other tests, the purpose is to divide your attention. In this case, it is between listening, understanding, and following the …show more content…
In South Carolina, you have the right to refuse to take field sobriety tests, however, the officer may see this as reasonable suspicion and arrest you. If you did not do well on the tests (people rarely do) they are going to arrest you anyway, and now they have the test results to show the judge and jury. If you do not do well on the tests and an arrest is made, the officer must read you your Miranda rights. Use them; invoke the right to remain silent and have an attorney present for any and all questioning. The police are supposed to stop all questioning once you invoke your right to counsel. If they don't make note of this. An officer must be able to show that you were impaired when they pulled you over. The less information you give them, the stronger your case is and the weaker theirs is. In South Carolina, officers can only use the results of chemical tests (breath, blood, etc) if they have arrested you. Without sufficient evidence to warrant an arrest, none of the other tests will be