The problem, as attorney Spencer points out, is that there are many causes of nystagmus that have nothing to do with alcohol consumption.  As such, an officer who testifies that a defendant failed a field sobriety test because that defendant failed a horizontal gaze nystagmus test can and should be aggressively cross examined.

If you are a defendant in a DUI case here in Georgia and you have a medical condition that might cause nystagmus or similar symptoms, please let your DUI defense counsel know so that your performance in a field sobriety test can be challenged.