DUI: For the HGN Test, what are the rules of admissibility in Virginia? I understand that jurisdictions are different on this.

Asked almost 2 years ago - Fairfax, VA

Does the Commonwealth have to have an expert eye care professional testify in order for an HGN eye test to be admissible? Or can the officer testify alone to what he saw based on his training and experience?

Attorney answers (2)

  1. John-Paul Patrick Gilson

    Contributor Level 9

    Answered . The officer can testify, however it's usually not a reliable test and the police don't hang their hat on it.

    What is more likely to cause issues is any weaving, erratic behavior, crossing double yellow lines, speeding, etc.

    Then once the officer has you pulled over, he's likely to testify that either A) you had beer in the car or B) you smelled like alcohol. Once he says those magic words, it's off to the races.

    You should get a qualified DUI attorney immediately. We can explain these issues to you in depth.

  2. Andrew M. Leone

    Contributor Level 20

    Answered . If the officer is a Drug Recognition Expert the results are admissible.

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