Question: What are some defenses you have used for a client who failed the horizontal gaze nystagmus test in Maryland?
Answer: Happily, in Maryland the horizontal gaze nystagmus test carries almost no weight whatsoever. All it indicates is that a person has consumed alcohol. So if the officer smells alcohol on your breath or if you admit to having a beer or two, that in and of itself accounts for the horizontal gaze nystagmus test and the six out of six clues on that particular test. So, the test carries very little weight at all because it’s generally if the defendant has alcohol on their breath then clearly they’ve consumed some form of alcohol and then the HGN test does not indicate anything beyond that. So, defending against that test is not terribly relevant. There are some specific defenses when the officer fails to lay the proper foundation for the utilization of the test. But in modern DUI defense, at least in Maryland, it has become a very less important test and defending against it is not terribly important.