Reader’s Question:
I was arrested and charged with DUI last week. I have already consulted with a California DUI lawyer but I would still need to get some clarifications. The arresting officer used a device called ‘HawkEye’ to record my eyes. Can they use this in court?
Robin
San Diego, CA
HawkEye is equipped with a wireless microphone which uses infrared lights to transfer the images of the eyes to a laptop computer. In the state of California, the Highway Patrol has been using Hawkeye for three years to train cadets in West Sacramento but it is not used in the field there. They use it only to show to cadets what to look for when evaluating the appearance and movements of a DUI suspect’s eyes.
All suspects have pleaded guilty to DUI when the device has been used in field trials so the HawkEye technology has never been used in court. Prosecutors are cautiously optimistic about the new technology but realize that it will take time before it is deemed reliable and accurate evidence.
Blood tests and breath tests are already admissible in court so California DUI defense lawyers say the HawkEye evidence are simply “pictures” and will add nothing to a case against a person charged with DUI. Moreover, a DUI lawyer said that there is an open door for arguments about how the officer conducted the test and if it was done properly since HawkEye only records the suspect’s eyes and not the officer’s actions.
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