The Romberg Balance Field Sobriety Test -- Not Intended for DUIs...
Many law enforcement agencies routinely include the Romberg balance DUI field sobriety test in their FST arsenal. The problem is that it was never intended to be used as a field sobriety test. As a result, it provides little if any indication as to whether an individual was, in fact, driving under the influence.
Originally developed by a 19th century ear doctor, Moritz Romberg, it is a neurological test designed to test someone’s balance. Today, doctors find it particularly useful in detecting multiple sclerosis, as well as a variety of other neurological and inner-ear disorders.
Somewhere along the road, police agencies decided to expand this test to apply it to drug and/or alcohol impairment. They also added a couple of requirements to the test: the DUI suspect must tilt his/her head back and estimate time (neither of which are necessarily indicative of impairment).
Furthermore, sober people who suffer from M.S., neurological problems, poor balance, or who have been injured will certainly experience difficulty “properly” performing this test.
These are just a few of the reasons why the results of a Romberg balance DUI field sobriety test should always be challenged.
