Experienced DUI Defense Attorney Fighting Unreliable HGN Test Evidence
If you’ve been charged with a DUI in Georgia, the Horizontal Gaze Nystagmus (HGN) test may be a critical piece of evidence against you. At George C. Creal, Jr., P.C., we know the HGN test is not the foolproof science police and prosecutors claim. With over 25 years of experience defending DUI cases across Georgia, Attorney George Creal leverages cutting-edge legal strategies and scientific insights to challenge HGN evidence, protecting your rights and freedom. Contact us today at (404) 333-0706 for a free consultation to discuss your case.
What Is the HGN Test?
The HGN test is a field sobriety test used by police to detect alcohol impairment. Officers observe your eyes for involuntary jerking (nystagmus) as you follow a stimulus, like a pen, believing it indicates intoxication. However, scientific and legal challenges reveal the HGN test’s flaws, making it vulnerable to defense strategies in court.
Why the HGN Test Is Unreliable: Scientific and Legal Insights
Georgia courts require scientific evidence, like the HGN test, to meet the Daubert standard under O.C.G.A. § 24-7-702, ensuring it’s reliable and relevant. Recent cases, expert testimony, and medical literature expose significant issues with the HGN test, which Attorney George Creal uses to build robust defenses.
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The HGN Test Does Not Directly Measure Impairment
The HGN test was designed to estimate blood-alcohol content (BAC), not driving
How We Fight It: George Creal argues that HGN results may confuse juries about actual impairment, failing Daubert’s helpfulness prong, as seen in Newman v. State (2025), which mandates a Daubert hearing to assess HGN’s reliability.
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High Error Rates Undermine Reliability
Dr. Burns’ studies reveal alarming error rates. Her 1977 study showed a 47% false arrest rate for subjects with BAC below 0.10%, improving to 32% in 1981, which she deemed “as good as we could get” but not fully acceptable. Reliability coefficients were 0.77 (same officers) but dropped to a “marginal” 0.57 with different officers, indicating inconsistency. Duane’s Clinical Ophthalmology (1994) warns that HGN is “fraught with extraordinary pitfalls,” as nystagmus can result from fatigue, medications, or medical conditions, not just alcohol.
How We Fight It: We challenge the HGN test’s scientific reliability under Daubert, highlighting its error-prone nature and susceptibility to false positives, as supported by McKown’s call for evidentiary hearings due to such flaws.
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Inexperienced Officers Lead to Unreliable Results
The HGN test’s accuracy depends on officer training, yet Dr. Burns noted that her studies used newly trained officers, contributing to errors. She stated proficiency requires 10-15 years’ experience, far beyond the 4-6 hours of training many officers receive. Duane’s Clinical Ophthalmology emphasizes that only neuro-ophthalmologists or sophisticated equipment can reliably interpret nystagmus, not briefly trained officers. In Newman v. State, Georgia courts required scrutiny of officer qualifications, reinforcing this concern.
How We Fight It: George Creal cross-examines officers on their training and experience, exposing unreliable test administration, a key Daubert application issue, to suppress HGN evidence.
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Limited Scientific Acceptance and Peer Review
While NHTSA endorses HGN, Dr. Burns admitted only “portions” of her studies were peer-reviewed, with full reports subject to NHTSA’s internal review, not external scientific scrutiny. McKown rejected judicial notice of HGN’s reliability, citing conflicting scientific opinions and alternative nystagmus causes (e.g., caffeine, epilepsy). Duane’s Clinical Ophthalmology doubts roadside HGN’s validity, and the American Optometric Association’s endorsement lacks toxicological consensus.
How We Fight It: We demand a Daubert hearing to probe HGN’s scientific acceptance, leveraging Newman’s mandate and Dr. Burns’ admissions to challenge its admissibility.
Why Choose George Creal for Your DUI Defense?
- Proven Expertise: With decades of experience, George Creal has successfully challenged HGN evidence in numerous Georgia DUI cases, securing dismissals, reductions, and acquittals.
- Scientific Knowledge: We stay updated on the latest research, including Duane’s Clinical Ophthalmology and Dr. Burns’ testimony, to dismantle flawed HGN evidence.
- Aggressive Advocacy: Our firm meticulously reviews officer training, test conditions, and scientific validity, ensuring no stone is unturned in your defense.
- Client-Centered Approach: We offer personalized strategies, transparent communication, and 24/7 availability to fight for your future.
Recent Georgia Case Law Supports HGN Challenges
In Newman v. State (2025), the Georgia Court of Appeals vacated a ruling admitting HGN evidence without a Daubert hearing, requiring courts to assess officer qualifications and test reliability. This precedent strengthens our ability to challenge HGN evidence in your case, ensuring only reliable evidence is presented to the jury.
Contact George Creal Today for a Free Consultation
Don’t let flawed HGN test evidence jeopardize your future. At George C. Creal, Jr., P.C., we fight to protect your rights, using scientific and legal expertise to challenge unreliable DUI evidence. Serving clients in Atlanta, Coweta County, and across Georgia, we’re ready to build your defense.
- Call Now: (404) 333-0706
- Email: [email protected]
- Visit: 480 John Wesley Dobbs Avenue NE, Unit 190, Atlanta, GA 30312
- Free Case Review: Schedule your consultation today to discuss how we can challenge HGN evidence in your DUI case.
Act now to defend your freedom! Let Georgia DUI Lawyer George Creal fight for you.