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Rhomberg Balance Test
Unlike other field sobriety evaluation tools, the Rhomberg balance test is not a standardized test recognized by the National Highway Transportation Safety Administration (NHTSA). Because the NHTSA has not found the Rhomberg balance test to be an accurate indicator of mental and physical impairment, it holds less weight in court than a standardized test.
During a Rhomberg balance test, a driver is told to stand with his or her feet together, with head tilted back and eyes closed. The driver must estimate the passage of 30 seconds, then tilt the head forward, open his or her eyes, and say “stop.” In addition to evaluating the driver’s skill at estimating the passage of 30 seconds, the officer also is evaluating the driver’s ability to follow instructions, and looking for swaying and muscle tightening or tremors. The officer also may note any statements made by the driver.
If the driver overestimates 30-second period by counting too slowly, the officer likely will conclude that the driver is under the influence of alcohol. If the driver underestimates the passage of 30 seconds by counting too quickly, the officer may conclude that the driver is under the influence of stimulants.
You can see how this test would have a high rate of failure, even in individuals who are not impaired. Not everyone can accurately estimate thirty seconds even under the best conditions. Imagine trying to do this test along the side of the road with your eyes closed with other cars whizzing by. This test does not account for distractions, fatigue, and poor estimation skills.
Although police and prosecutors like to think that the results of the Rhomberg balance test and other field sobriety tests as sure indicators of the mental and physical impairment associated with drunk driving, that’s just not the case. The best way to challenge the results of field sobriety tests and fight a drinking and driving case is to consult with an experienced DUI / DWI criminal defense attorney.
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