Kevin Hinzman obtained a not guilty verdict in a jury trial for a Driving While Intoxicated (2nd) case, overcoming his client’s failure of the horizontal gaze nystagmus test by introducing evidence of the possibility of nystagmus being caused by wind. Hinzman’s client had refused a breath test, but had failed all three of the standardized field sobriety tests. At trial, Hinzman successfully argued that both the walk and turn and one leg stand tests were compromised and their results invalid because the arresting officer had administered them to the client on a steep incline. Hinzman attacked the results of the horizontal gaze nystagmus test by getting the officer to admit during cross examination that nystagmus could be caused by factors other than alcohol, including wind. On redirect by the State, the officer took back his statement that wind could cause nystagmus and testified that his training manual stated that it could not. On re-cross examination, Hinzman had the officer read the paragraph in his training manual stating that wind could indeed cause nystagmus and got the officer to admit that at the time of the client’s arrest it was extremely windy.