Eye Movement Tested For DUI Detection
The North Carolina State High
way Patrol has been chosen as one
of four law enforcement agencies in
the nation to field test a new
> sobriety screening procedure which
research indicates can determine
within two-hundredths of a per cent
(.02) the blood alcohol content of a
person stopped for suspicion of
driving under the influence.
Robert A. Melott. deputy secre
tary of the N.C. Department of
Crime Control and Public Safety,
said, 'We are delighted to assist
tfie National H^hway Traffic Safe
ty Administration Program in field
testing this new procedure.
"We were asked to help because
of the Patrol's outstanding record
of DUI enforcement. The Patrol
consistently has led all other state
police units in the nation in the
number of DUI arrests made each
year; North Carolina ranks only
third behind Texas and California
in the number of DUI arrests made
each year," he said.
The heart of the new sobriety
screening procedure is "Gaze Ny
stagmus," or measurement of eye
movement from side to side.
"It has long been known that
alcohol affects nystagmus." Melott
said. "Movement in a sober person
is smooth. It's jerky in an impaired
person.
"Recently, researchers have de
veloped a simple method of gaging
nystagmus in the field; and they
believe that if the testing is done by
a properly trained person, the
tester can come within two-hun
dredths of a per cent (.02) of what
the blood alcohol content will read
on the Breathalyzer. We have been
asked to help determine whether
that testing works," he said.
"Gaze Nystagmus" is used in
conjunction with two other field
sobriety tests-the walk and turn,
and the one-leg turn-to give the
officer a more complete feeling for
the sobriety of the tested person.
"Gaze Nystagmus is the heart of
the testing procedures, however.
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and appears to be the most
accurate of all field sobriety tests to
date.
A number of troopers have been
trained in the "Gaze Nystagmus"
procedure and currently are per
forming a three-month test of it in
all areas of North Carolina. An
equal number will continue to use
the current Patrol field sobriety
tests to act as a control group for
the test. Both groups will keep
extensive records of the stops,
arrests and convictions they make
for DUI.
Melott said. "The officers we
have trained in the procedure are
very enthusiastic about it. They feel
it will be a very effective additional
tool in their war against DUI in
North Carolina."
Melott also said that it is
important for law enforcement
officials to have tools such as these
despite the availability of the
Breathalyzer. "An officer has to
have probable cause to arrest a
person so the Breathalyzer test can
be administered." he said.
Currently, officers establish pro
bable cause by methods such as:
appearance of the subject, whether
his speech is slurred, whether the
odor of alcohol is present, and
sobriety tests such as finger to nose
and walking a straight line.
"These new procedures being
tested, especially 'Gaze Nystag
mus,' are additional tools which we
hope will turn out to be much more
effective for the officers than the
present tests,," Melott said.
"Where a person might be able
to pass the other tests, 'Gaze
Nystagmus* will be extremely diffi
cult to overcome. Very few people
can control involuntary eye move
ment.
"Also, despite the availability of
Breathalyzer evidence, many DUI
cases are won or lost upon the
ability of the arresting officer to
testify in court to the condition of
the person charged at the time of
arrest.
"If this procedure becomes ad
missible in a court trial, it will
strengthen the testimony of the
arresting officer," Melott said.
Melott said. "It is important that
the public know that the 'Gaze
Nystagmus* test is not a vision test.
It may detect a vision problem but
that is not the purpose of the test. If
such a situation were to develop,
the person would be referred for
further tests."
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Pvt. Charles R. Raby, son of
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He is a 1982 graduate of
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