Re: Got a DUI Based Solely on Horizontal Gaze Test
First off, I guarantee he did not charge you with DUI based solely on one test. You may have only performed one test, but there is so much more for him to base an evaluation on. Your observed driving behavior prior to the stop, the odor of alcohol, your demeanor, your response time to questions, your ability to perform simple multitasking activities...the list goes on. And experienced DUI cop is evaluating you every second and finding articulable clues to either reinforce or dispel his suspicion that you are impaired. The HGN is about 70% accurate all by itself. Add in these other observations and he has more than enough probable cause to arrest you. Experienced DUI cops make successful DUI arrests (successful defined as resulting in conviction) all the time, even after the driver refuses ALL field sobriety tests! All they have to do is observe you and articulate the symptoms of impairment that they see. These observations are somewhat more subjective than the (very objective) standardized field sobriety tests. But, they are still compelling.
But, now some questions to clarify your post. Did he not offer the heel-to-toe and one-leg-stand tests? Or, did you refuse them when he asked? The tests are voluntary and he cannot use your refusal as an indication of guilt. However, neither can you refuse and then protest in court that you were denied potentially exculpatory evidence!
You say that he did not give you a breathalyzer. Do you mean that he did not take a breath sample from you right there on the side of the road? Or, do you mean that he never took a breath sample from you at all...even back at the station after he had arrested you? If he never allowed you an opportunity to provide a breath sample at all, he screwed up and your attorney can likely have the charge dismissed with ease.
That is, of course, IF you were actually charged with DUI! How old are you? Were you actually charged with under 21 driving after consuming alcohol? Or maybe, underage possession/consumption of alcohol? For either of those charges, smelling it on your breath and the HGN is plenty for a conviction.
Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.