The Rhomberg Balance Test is a non-standardized field sobriety tests used by police investigating drunk driving or driving under the influence of drugs (DUID) in California. Many drivers hope they will avoid an arrest by “passing” a field sobriety test, but that’s almost never the case. Field sobriety tests exist solely to create probable cause to make an arrest and generate evidence to support a drunk driving court case. A skilled DUI / DWI defense attorney from The Kavinoky Law Firm can effectively challenge a field sobriety test and other evidence in a drinking and driving case as part of an aggressive defense strategy.
The Rhomberg Balance Test is not a standardized test recognized by the National Highway Traffic Safety Administration (NHTSA), so it carries less weight in court than a standardized test.
Police administer the Rhomberg Balance Test by instructing the driver to stand with feet together, head tilted back, and eyes closed. The driver must estimate the passage of 30 seconds, tilt the head forward, open his or her eyes, and say “stop” when 30 seconds have elapsed.
Unfortunately, the Rhomberg Balance Test is almost always a no-win situation for the driver. If the driver overestimates the 30-second period by counting too slowly, the officer likely will conclude that the driver has been drinking. If the driver underestimates the passage of 30 seconds by counting too quickly, the officer may conclude that the driver has been using stimulants.
During the test, the officer also is testing the driver’s ability to follow instructions and watching for swaying and muscle tightening or tremors. The officer also will note any statements the driver makes as well as the pattern of speech.
It isn’t difficult to see how a driver can “fail” the Rhomberg Balance Test as the officer is using a watch to gauge the passage of 30 seconds, while the driver is standing next to a busy street or freeway with his or her eyes shut, and can only guess at how much time has passed.
Some drivers are physically unable to perform the Rhomberg Balance Test for reasons that are unrelated to alcohol use. For example, a driver with a neck or back injury may not be able to tilt his or her head back for 30 seconds. Although this inability to perform the test is caused by a genuine disability, police may regard it as an inability to follow test instructions.
To know how field sobriety tests’ reliance on physical ability is inherently unfair, it’s useful to understand how alcohol affects the human body. Alcohol intoxication causes both mental impairment and physical impairment, but mental impairment always comes first. Physical difficulties can be hidden in individuals with a high tolerance for alcohol, but mental impairment cannot be masked. Therefore, if a driver displays physical impairment but no evidence of mental impairment, the physical difficulties must stem from a source other than alcohol.
The bottom line is that the Rhomberg Balance Test and other field sobriety tests can be effectively challenged. An experienced California DUI / DWI criminal defense attorney will attack field sobriety tests and other evidence in a drunk driving prosecution as part of a proven defense strategy.
