The 82-Second Rule: Why Proper HGN Testing Takes Time In Georgia DUI Cases And Police Don’t Have Magic Grits So Don’t Buy Them

As a seasoned Georgia DUI lawyer at George C. Creal, Jr., P.C., Trial Lawyers, I’ve defended countless clients facing DUI charges in Cumming and across the state. One of the most common tools law enforcement uses during a DUI stop is the Horizontal Gaze Nystagmus (HGN) test—a field sobriety test designed to detect signs of impairment. But here’s the catch: if the officer doesn’t administer it correctly, the results can be unreliable and challengeable in court. Today, I want to focus on a critical aspect of the HGN test: timing. According to National Highway Traffic Safety Administration (NHTSA) guidelines, a properly conducted HGN test should take at least 82 seconds from the moment the stimulus begins moving. Anything less could indicate a rushed or improper administration, potentially weakening the prosecution’s case.

Think of it like the iconic courtroom scene in My Cousin Vinny, where Joe Pesci’s character dismantles a witness’s testimony about cooking grits. The witness claims it only took five minutes to prepare his breakfast, but Vinny points out that it takes the “entire grit-eating world” about 20 minutes to cook grits properly. “Were these magic grits?” he asks. The same logic applies here: every trained officer knows—or should know—that a valid HGN test requires a minimum of 82 seconds. If it’s done in less time, it’s like claiming those “magic grits”—it just doesn’t hold up under scrutiny.

What Is The Horizontal Gaze Nystagmus (HGN) Test?

The HGN test is one of three standardized field sobriety tests (SFSTs) validated by the NHTSA. It involves an officer holding a stimulus—usually a pen or finger—about 12-15 inches from your face, slightly above eye level. You’re instructed to follow the stimulus with your eyes only, without moving your head. The officer looks for involuntary jerking of the eyes (nystagmus), which can be exaggerated by alcohol or certain drugs.

Nystagmus is a natural eye movement, but impairment can make it more pronounced at certain angles. The test checks for three clues in each eye: lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and onset of nystagmus prior to 45 degrees. That’s a total of six possible clues—four or more suggest a blood alcohol concentration (BAC) of 0.08% or higher, per NHTSA studies.

However, the test’s validity hinges on strict adherence to NHTSA protocols. Deviations, like speeding through the passes, compromise its reliability. This is where the 82-second minimum comes into play.

Breaking Down The HGN Test: The Minimum Timing Requirements

The HGN test consists of at least 14 passes of the stimulus (seven per eye), divided into segments. Each pass must be slow and deliberate to accurately observe eye movements. Here’s a step-by-step breakdown based on NHTSA standards, showing how the timing adds up:

1. Initial Checks (Equal Tracking and Pupil Size): The officer starts with quick passes to ensure your eyes track equally and your pupils are the same size. This takes about 4 seconds total (one quick sweep left to right and back). It’s not scored but is crucial—if issues are spotted, the test should stop for medical reasons.
2. Lack of Smooth Pursuit: The stimulus moves smoothly from center to the side (about 2 seconds), back to center (2 seconds), repeated twice per eye. That’s 4 passes total, requiring at least 16 seconds. The officer looks for jerky eye movements instead of smooth tracking.
3. Distinct and Sustained Nystagmus at Maximum Deviation: Here, the stimulus moves to the farthest point your eye can go (maximum deviation, about 2 seconds out), holds for at least 4 seconds to observe sustained jerking, then returns (2 seconds). Repeated twice per eye: 4 passes, at least 32 seconds total (8 seconds per pass). Rushing the hold can miss or fabricate clues.
4. Onset of Nystagmus Prior to 45 Degrees: The slowest part—the stimulus moves very gradually (at least 4 seconds to reach 45 degrees), stops to verify jerking (at least 4 seconds hold), then returns (4 seconds). Repeated twice per eye: 4 passes, at least 32 seconds total (assuming a 30-degree onset; it could take longer for later onsets).

Adding it up: 4 (initial) + 16 (pursuit) + 32 (maximum deviation) + 32 (onset) = 82 seconds minimum from the first movement of the stimulus. This doesn’t include instructions, positioning, or pauses—real-world proper tests often exceed 90 seconds.

Why the emphasis on time? Moving too quickly can induce false positives (like “bouncing” eyes from abrupt stops) or miss subtle clues. Studies and expert analyses, including those from optometrists and DUI defense resources, confirm that shortcuts invalidate the test’s scientific foundation.

Why Timing Matters In Georgia DUI Defense

In Georgia, DUI arrests often rely heavily on field sobriety tests like the HGN. But under Georgia law, evidence from improperly administered tests can be suppressed. If dashcam or bodycam footage shows the HGN was rushed—say, completed in under 60 seconds—it’s a red flag. Officers might claim experience allows faster testing, but NHTSA is clear: “If any one of the standardized test elements is changed, the validity is compromised.” If police are trying to sell you magic grits, don’t buy them.

I’ve successfully challenged HGN results in court by highlighting timing discrepancies. For example, a video timestamp can prove the test fell short of 82 seconds, casting doubt on the officer’s observations. This can lead to reduced charges, dismissals, or acquittals. Remember, the HGN isn’t foolproof—it can be affected by fatigue, medical conditions, or even bright lights, not just alcohol.

Key Takeaways For Georgia Drivers

• Know Your Rights: You can politely decline field sobriety tests in Georgia, as they’re voluntary and often used to build a case against you.
• Demand Proper Procedure: If tested, note if it feels rushed—details like this can be crucial in defense.
• Video Evidence is Gold: Always request footage; it often reveals procedural errors.

DUI cases are winnable with the right strategy. At George C. Creal, Jr., P.C., we scrutinize every detail, from HGN timing to breathalyzer calibration, to protect your rights.

If you’ve been charged with DUI in Cumming or anywhere in Georgia, don’t wait—contact me, George Creal, for a free consultation. With over 25 years of experience and hundreds of successful defenses, I’ll fight to get you the best outcome. Call us today at (770) 961-5511 or visit our website www.georgialawyer.com to schedule an appointment. Stay safe on the roads, and remember: knowledge is your best defense.