6 Out Of 6 Clues On HGN: What Does It Mean?
Daytona Beach DUI Defense Lawyer
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
One of the most alarming things a person can read in a DUI arrest report is:
“The defendant displayed 6 out of 6 clues on the HGN test.”
Many people immediately assume this means:
- They automatically failed the DUI investigation.
- They are definitely guilty.
- There is no defense.
- The officer has scientific proof of intoxication.
Fortunately, none of those assumptions are necessarily true.
While an officer may consider six out of six clues on the Horizontal Gaze Nystagmus (HGN) Test to be significant, it is important to understand what that statement actually means and, just as importantly, what it does not mean.
At the Law Offices of Patrick J. McGeehan, P.A., we carefully analyze HGN evidence in every DUI case.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and homicide detective.
He administered HGN testing during his law enforcement career and later learned how to challenge it in court.
Today, he uses that experience to defend individuals charged with DUI throughout Daytona Beach, Volusia County, Flagler County, and throughout Florida.
What Is The HGN Test?
HGN stands for:
Horizontal Gaze Nystagmus
Nystagmus is an involuntary jerking movement of the eyes.
During the test, an officer asks the driver to follow an object with their eyes while keeping their head still.
The officer then observes eye movements and looks for specific indicators known as “clues.”
Related Page:
What Is HGN?
What Are The Six Clues?
The HGN test involves three possible clues in each eye.
Because there are two eyes, the maximum number of clues is six.
Clue #1: Lack Of Smooth Pursuit (Left Eye)
Clue #2: Lack Of Smooth Pursuit (Right Eye)
The officer believes the eyes do not smoothly follow the stimulus.
Clue #3: Distinct Nystagmus At Maximum Deviation (Left Eye)
Clue #4: Distinct Nystagmus At Maximum Deviation (Right Eye)
The officer observes eye jerking while the eyes are held at the far edge of vision.
Clue #5: Onset Of Nystagmus Prior To 45 Degrees (Left Eye)
Clue #6: Onset Of Nystagmus Prior To 45 Degrees (Right Eye)
The officer believes eye jerking begins before the eyes reach approximately forty-five degrees from center.
If the officer believes all six clues are present, the report may state:
“6 out of 6 clues observed.”
Does 6 Out Of 6 Clues Mean You Were Drunk?
No.
This is one of the most important facts to understand.
The HGN test does not directly measure:
- Blood alcohol concentration
- Breath alcohol concentration
- Number of drinks consumed
- Degree of intoxication
The officer is not measuring alcohol.
The officer is observing eye movements and offering an opinion.
That distinction matters.
Does 6 Out Of 6 Clues Mean You Are Guilty?
Absolutely not.
A DUI conviction requires the State to prove every element of the offense beyond a reasonable doubt.
The State must still prove:
- Driving or actual physical control
- Impairment
- Reliability of evidence
- Proper police procedures
The HGN test is only one piece of evidence.
Why Officers Place So Much Importance On HGN
Many DUI officers consider HGN one of the most valuable field sobriety exercises.
Unlike balancing exercises, HGN focuses on eye movements.
Because of this, officers often place significant weight on HGN observations when deciding whether probable cause exists.
However, that does not mean the observations are always correct.
The HGN Test Is Still Based On Human Observation
Many people mistakenly believe HGN is a machine-generated test.
It is not.
The officer must:
- Observe eye movements
- Interpret those movements
- Decide whether clues exist
- Record conclusions
Human observation always creates the possibility of error.
Officers Can Make Mistakes
The HGN test requires precise administration.
Potential mistakes include:
Moving The Stimulus Too Quickly
Moving The Stimulus Too Slowly
Incorrect Positioning
Poor Timing
Failure To Follow Standardized Procedures
Misinterpreting Eye Movements
Any of these issues may affect reliability.
Medical Conditions Can Produce Six Clues
Many people are shocked to learn that alcohol is not the only explanation for HGN observations.
Medical conditions may include:
- Vertigo
- Concussions
- Brain injuries
- Neurological disorders
- Eye disorders
- Vestibular disorders
A person may display HGN clues even when no alcohol impairment exists.
Related Page:
Field Sobriety Exercises And Medical Conditions
Fatigue Can Affect Observations
Many DUI arrests occur late at night.
Drivers are often:
- Exhausted
- Sleep deprived
- Working long hours
Fatigue may influence appearance and eye behavior.
This frequently becomes an important area of cross-examination.
Prescription Medications Can Affect Eye Movements
Many legal medications may affect observations associated with HGN testing.
Examples include medications prescribed for:
- Anxiety
- Sleep disorders
- Chronic pain
- Muscle spasms
The existence of six clues does not automatically establish alcohol impairment.
Related Page:
DUI With Prescription Drugs
Marijuana Cases Present Additional Issues
Drug-related DUI investigations often involve discussions regarding HGN.
Questions frequently arise regarding:
- Whether marijuana caused the observations
- Whether other substances were involved
- Whether the officer interpreted the observations correctly
Related Page:
Marijuana DUI Defense
Body Camera Video May Reveal Problems
Police reports often contain a simple statement:
“The defendant displayed six out of six clues.”
Body camera footage frequently tells a more complete story.
Questions often include:
- Was the test administered properly?
- Were instructions clear?
- Did distractions exist?
- Was the officer following training?
Video evidence often becomes critical.
Six Clues Does Not Mean The Officer Wins
Many DUI cases involve reports indicating six out of six clues.
Many of those cases are still successfully challenged.
The defense may focus on:
Officer Training
Improper Administration
Medical Conditions
Prescription Medications
Officer Credibility
Constitutional Violations
Alternative Explanations
The officer’s conclusion is not the final word.
HGN Evidence And Jury Trials
Many jurors initially assume six clues must mean intoxication.
Cross-examination often reveals a more complicated reality.
Jurors frequently learn:
- The officer is not a physician.
- The officer is not a neurologist.
- The officer is not an ophthalmologist.
- The officer is interpreting observations.
Understanding those limitations often changes how jurors evaluate the evidence.
Related Page:
DUI Jury Trial Lawyer
HGN Evidence And Motions To Suppress
Sometimes the issue is not the HGN test itself.
Instead, the issue is whether the officer lawfully conducted the investigation.
Potential issues include:
- Illegal traffic stops
- Improper checkpoints
- Lack of reasonable suspicion
- Unlawful detention
Related Page:
Motion To Suppress DUI Evidence
Common Myths About 6 Out Of 6 Clues
Myth #1: Six Clues Means Automatic Conviction
False.
The State must still prove the entire case.
Myth #2: Six Clues Means A High BAC
False.
The HGN test does not measure BAC.
Myth #3: Six Clues Cannot Be Challenged
False.
HGN evidence is challenged regularly.
Myth #4: Six Clues Mean There Is No Defense
False.
Every DUI case must be evaluated individually.
Frequently Asked Questions
Is 6 Out Of 6 Clues Bad?
Officers generally view six clues as significant, but it does not automatically establish guilt.
Does Six Clues Mean I Was Drunk?
No.
The HGN test does not directly measure intoxication.
Can Medical Conditions Cause Six Clues?
Potentially.
Many medical conditions may affect eye movements.
Can HGN Evidence Be Challenged?
Absolutely.
Training, administration, medical conditions, and constitutional issues frequently become important defense issues.
Can I Still Win My DUI Case If The Officer Claims Six Clues?
Yes.
Many DUI defenses focus on weaknesses in HGN evidence and other parts of the investigation.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have administered HGN testing before becoming lawyers.
Patrick’s background includes:
- Former DUI Investigator
- Police Officer
- Police Instructor
- Retired Traffic Homicide Investigator
- Retired Homicide Detective
- Trial Attorney
Most attorneys learn HGN testing from reports and courtroom testimony.
Patrick administered HGN testing himself and later learned how to challenge it.
That experience provides valuable insight when evaluating DUI evidence.
Contact A Daytona Beach DUI Defense Lawyer
If your arrest report says you displayed six out of six clues on the HGN test, do not assume the case is over.
Do not assume the officer’s conclusions are correct.
The observations matter.
The circumstances matter.
The evidence matters.
The defense matters.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach DUI lawyer can evaluate the evidence and help protect your rights and your future.
Resources:
Leaving the Scene of an Accident With a Death
Fatal Crash Investigations in Florida