failed HGN test (Illinois) · Go Syfert
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failed HGN test in Illinois

7 Illinois opinions name it 2 courts 2010–2025 3 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
People v. McKowngreen
ill · 2010 · cited in 5 Illinois opinions naming this issue, 2013–2025
2 sentences

2025App. 3d 622, 632 (2004) (“the HGN test, when used with the walk- and-turn and one-leg stand tests, is the most accurate and effective method of detecting impairment” (citing National Highway Traffic Safety Administration, U.S. Department of Transportation, Psychophysical Tests for DWI Arrests, No. DOT–HS–802–424 at 39 (June 1977))); McKown, 236 Ill. 2d at 302-03 (“A failed HGN test is relevant to impairment in the same manner as the smell of alcohol on the subject’s breath or the presence of empty or partially empty liquor containers in his car.

2025The McKown court determined that evidence of a failed HGN test “is admissible for the purpose of proving that a defendant may have consumed alcohol and may, as a result, be impaired.” Id. at 303 .

35

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
People v. McKown green
ill · 2007
2 sentences

2010McKown I, 226 Ill. 2d at 276 .

2010McKown I, 226 Ill. 2d at 276 .

22010–2010
People v. KORZENEWSKI green
illappct · 2012
1 sentence

2025Regarding the propriety of Miravete’s testimony, we find People v. Korzenewski, 2012 IL App (4th) 101026, ¶ 22 , persuasive: 5 “Defendant points out that when [the officer] was asked ‘[W]hat can cause a nystagmus?’ he responded ‘Alcohol impairment’ and ‘Drug impairment.’ [The officer] testified he observed all three clues of the HGN test in both of defendant’s eyes.

12025–2025
People v. Eagletail green
illappct · 2015
1 sentence

2025Each of these facts is evidence of alcohol consumption ***.”); People v. Eagletail, 2014 IL App (1st) 130252, ¶ 39 . ¶ 47 Defendant also contends that the prosecutor elicited improper testimony that the HGN test can be relied upon as direct evidence of alcohol impairment, rather than mere consumption of alcohol as a precursor to impairment.

12025–2025
People v. Ortiz green
illappct · 2017
1 sentence

2025“The purpose of jury instructions is to convey to the jurors the correct principles of law applicable to the evidence presented in the case before them.” People v. Ortiz, 2017 IL App (1st) 142559, ¶ 50 .

12025–2025

Statutes the citing opinions construe

IL § 625 ILCS 5/11-501 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 7 (2010–2025) OH 2 (1998–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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