Do cops lie about this “pen test”? Is this alone grounds for an arrest?

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  • May 3, 2026 at 10:41 am #34411 Reply
    Barry Neal Cooper
    Keymaster

    [ARCHIVE QUESTION]

    Originally asked in NGB forums:

    May 3, 2026 at 10:47 am #34440 Reply
    Barry Neal Cooper
    Keymaster

    [ARCHIVE ANSWER]

    Yes, cops lie about their findings of the horizontal gaze nystagmus.
    This test alone is not suppose to be the deciding factor as to whether the person is intoxicated or not. Other field sobriety tests along with nystagmus are used to make the determination.

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