The horizontal gaze nystagmus is an eye test that is typically used in DUI cases in Snohomish County, Skagit County, Island County and King County to detect alcohol consumption and help determine whether the driver is possibly a DUI driver. One of many questions is whether nystagmus (involuntary jerking of the eye) actually determines alcohol impairment. Categorically the answer is, maybe but possibly not. To wit, nystagmus may be caused by many other factors. The court, in State v. Witte, 251 Kan. 313, 326, 836 P.2d 1110, 1119 (1992) said:
Nystagmus can be caused by problems in an individual's inner ear labyrinth. In fact, irrigating the ears with warm water or cold water...is a source of error. Physiological problems such as certain kinds of diseases may also result in gaze nystagmus. Influenza, streptococcus infections, vertigo, measles, syphilis, arteriosclerosis, muscular dystrophy, multiple sclerosis, Korsakoff's Syndrome, brain hemorrhage, epilepsy, and other psychogenic disorders all have been shown to cause nystagmus. Furthermore, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in gaze nystagmus. The consumption of common substances such as caffeine, nicotine, or aspirin also lead to nystagmus almost identical to that caused by alcohol consumption. (Quoting Pangman, Horizontal Gaze Nystagmus: Voodoo Science, 2 DWI J. 1, 3-4 [1987])
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
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