What is the chance of a suspect being above a .08 BAC with 2 clues from HGN?

The likelihood of a suspect having a Blood Alcohol Concentration (BAC) above 0.08% when exhibiting two clues from the Horizontal Gaze Nystagmus (HGN) test is backed by empirical studies conducted in the field of DUI enforcement. Research indicates that the HGN test is a reliable indicator of impairment due to alcohol, and specific thresholds have been established to correlate certain clues with BAC levels.

Having two clues from the HGN test suggests a significant level of impairment, making it highly probable that the individual is above the legal limit of 0.08%. Studies suggest that the percentage of suspects exceeding this BAC level with two clues is around 88%. This is rooted in statistical analysis and behavioral research that shows a strong relationship between the number of clues observed during the test and increased BAC levels.

In contrast, the other percentages provided do not match the established data. For instance, 75%, 80%, and 70% would indicate a lesser probability than what the research suggests for two clues, which does not accurately represent the risk level associated with that level of impairment in drivers. Thus, 88% is the most reliable figure based on evidence from field studies.