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A BrAC is not the same thing as a BAC
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DUI "Sobriety Checkpoints"
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MA Police Training Manual - OUI Stop Field Sobriety Tests
blood is in unequal concentrations in the
blood and the vestibular system.
2. Nystagmus can also result directly from
neural activity:
- Optokinetic Nystagmus occurs when the
eyes fixate on an object that suddenly moves out of sight, or when the eyes
watch sharply contrasting moving images.
Examples of optokinetic nystagmus include watching strobe lights, rotating
lights, or rapidly moving traffic in close proximity. The Horizontal Gaze
Nystagmus test will not be influenced by optokinetic nystagmus when
administered properly.
- Physiological Nystagmus is a natural
nystagmus that keeps the sensory cells of the eye from tiring. It is the
most common type of nystagmus. It happens to all of us, all the time. This
type of nystagmus produces extremely minor tremors or jerks of the eyes.
These tremors are generally too small to be seen with the naked eye.
Physiological nystagmus will have no impact on our Standardized Field
Sobriety Tests, because its tremors are generally invisible.
- Gaze Nystaginus occurs as the eyes
move from the center position. Gaze nystagmus is separated into three types:
Attorney Note: Nystagmus tests have been ruled as inadmissible in Massachusetts courts
as evidence in OUI cases. -RJM
(1) Horizontal Gaze Nystagmus occurs as
the eyes move to the side. It is the observation of the eyes for Horizontal
Gaze Nystagmus that provides the first and most accurate test in the
Standardized Field Sobriety Test battery. Although this type of nystagmus is
most accurate for determining alcohol impairment, its presence may also
indicate use of certain other drugs.
(2) Vertical Gaze Nystagmus occurs as
the eyes gaze upward. The presence of this type of nystagmus is associated
with high doses of alcohol for that individual and certain other drugs. The
drugs that cause Vertical Gaze Nystagmus are the same ones that cause
Horizontal Gaze Nystagmus.
Note: There is no drug that will cause
Vertical Gaze Nystagmus that does not cause Horizontal Gaze Nystagmus. If
Vertical Gaze Nystagmus is present and Horizontal Gaze Nystagmus is not, it
could be a medical condition.
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