I followed the pen perfectly … didn I pass the DUI eye test?
The eye test officers give is not a test to see if the pen can be followed. The officer is looking at how the eyes move while following the pen. The person taking the test cannot see the motion for which the officer is looking. The theory behind the test is that most people’s eyes will move smoothly unless they have certain drugs or alcohol in their system. Officers are allowed to testify that the eye movements mean alcohol or some other depressant drug is present, and that in their opinion the person is impaired. Strangely enough though, the test does not measure impairment in any way.
