State v. Garrett

BISTLINE, Justice.

The defendant-appellant Michael J. Garrett challenges the district court’s admission into evidence of the results of a horizontal gaze nystagmus test (or HGN test) administered to Garrett by the police officer who had stopped him for driving while under the influence of alcohol or drugs (DUI). Garrett also appeals the use of two prior DUI convictions to enhance his present conviction to the status of a felony. We affirm the district court.

In the early morning of March 11, 1988, Garrett was stopped by police officer Gary Fost for driving straight through an intersection from…