Anderson v. State

OPINION

HEDGES, Justice.

We are asked to decide (1) whether the results of a Horizontal Gaze Nystagmus (“HGN”) test should be admissible in a prosecution for driving while intoxicated, and (2) whether expert testimony is required to present such evidence. Holding that results of the HGN test are admissible and that the trial court did not err in admitting the test results through the nonexpert testimony of a policeman who was trained in the administration of the HGN test, we affirm.

At 1:30 a.m. on October 23, 1992, Houston Police Officer David Wilhite saw appellant’s car speeding eastbound on…