Police often administer field sobriety tests  such as the Rhomberg balance test during traffic stops involving drivers suspected of DUI / DWI or driving under the influence of drugs (DUID). However, the Rhomberg balance test shouldn’t even be called a test, because the driver is destined to fail. The sole purpose of this ‘test’ is to give police probable cause to make an arrest, and provide evidence to support a drunk driving court case. A Florida attorney who focuses on DUI / DWI defense will challenge the results of the Rhomberg balance test while aggressively fighting a charge of driving under the influence.

Police conduct the Rhomberg balance test by instructing the driver to stand with his or her feet together, head tilted back, and eyes closed. The driver is told to keep his or her head tipped back while estimating the passage of 30 seconds, then tilt the head forward, open his or her eyes, and say “stop.”

Motorists fail this test almost every time. If the driver overestimates the 30-second period, the officer 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 has been using stimulants.

The officer is watching for the driver’s ability to follow direction, as well as swaying, muscle tightening, and tremors. The officer also will note any statements made by the driver.

It’s easy to see how a suspected drunk driver could fail the Rhomberg balance test – the officer is timing the test with a watch, while the motorist must stand next to a busy street or freeway with his or her eyes shut, trying to estimate the passage of 30 seconds.

The Rhomberg balance test is considered such an unreliable indicator of physical and mental impairment caused by alcohol intoxication that it is not even recognized by the National Highway Traffic Safety Administration (NHTSA). Because the Rhomberg balance test isn’t standardized by the NHTSA, it carries less weight in court than a standardized test.

Police and prosecutors may consider the Rhomberg balance test an accurate indicator of mental and physical impairment associated with alcohol intoxication, but that’s just not the case. Field sobriety tests can be challenged as part of an aggressive DUI / DWI defense. An experienced Florida drunk driving criminal defense attorney can use the results of the Rhomberg balance test to show that a driver was not impaired.