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By ArizonaDUI.com, March 3, 2010 12:04 pm

Remember guys – once you have given your license and registration to the police officer who pulls you over, you are not required to answer any of his questions.

A mistake a lot of people make is self-incrimination. Anything you say to a police officer can be used against you later in trial. It is your wisest move to tell the officer you want to speak to an attorney before you move forward with the conversation.

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By thoug, December 28, 2009 2:09 pm

When you are pulled over for suspected drunk driving and given field sobriety tests, one popular eye test may be questioned as an accurate indication of intoxication. The purpose of the test, referred to as Horizontal Gaze Nystagmus (HGN), is to determine if your eyes are “jerking” when you look from side to side. The arresting officer may wave one finger or a pen and ask you to follow it with your eyes. If the officer correctly administers the “eye test” and finds unacceptable HGN, it could count against you as evidence of intoxication in a DUI case.

But HGN has many causes unrelated to alcohol consumption:

• Disruption of circadian rhythms from shift work, jet lag, etc.
• Flu
• Multiple sclerosis
• High blood pressure
• Vertigo
• Inner ear disorder
• Overuse of nicotine or caffeine
• Certain vitamin or nutritional deficiencies
• Astigmatism
• Fumes from dry cleaners

One important factor to remember is that you are not required to take the HGN eye test, or any other sobriety field test in Arizona. You cannot lose your license for refusing to take these tests. However, Arizona law states you must agree to undergo a blood-alcohol test such as a breathalyzer or blood test, in order to determine your blood-alcohol content. If you do not consent to that, you will lose your license for one year whether or not you were in fact driving under the influence.

Also, if you suspect you have conditional or chronic HGN, take steps to assure your safety of the safety of your fellow drivers. Consider seeing a doctor or optometrist. Check online for more specifics regarding additional medical aspects and causes of HGN. If you have an affliction such as MS or other serious conditions that can affect your vision and, therefore, driving, consider lifestyle adjustments such as driving only in familiar areas or during daylight hours, etc.

If you have already failed the HGN eye test, and you were unaware of certain predispositions and conditions that can cause HGN, consult with a reputable Arizona DUI lawyer. At Beauchamp Law Office, our attorneys ensure your rights are protected.