DUI Lawyer | Joel Brand, Esq.

Field Sobriety Test: Modified Romberg

Introduction

In California, field sobriety tests (FSTs) are crucial tools law enforcement officers use to assess whether a driver is impaired by alcohol or drugs. One such test, the Modified Romberg Balance Test, is commonly employed to gauge a suspect’s motor control, balance, and neurological function. Understanding the Modified Romberg Test’s purpose, administration, and implications can help you better navigate DUI cases and their defenses.

What is the Modified Romberg Test?

The Modified Romberg Test, often referred to simply as the Romberg Balance Test, is designed to evaluate a person’s ability to maintain balance and estimate the passage of time accurately. The test is named after German neurologist Moritz Heinrich Romberg, who developed the original Romberg Test to diagnose sensory ataxia, a neurological condition affecting balance.

Purpose of the Modified Romberg Test

The primary purpose of the Modified Romberg Test in a DUI context is to assess the suspect’s:

  • Balance: Ability to maintain a steady stance.
  • Motor Control: Coordination of muscles for movement.
  • Neurological Function: Ability to process sensory information and maintain equilibrium.
  • Estimation of Time: Capacity to perceive time accurately, which can be impaired by substances.

How is the Modified Romberg Test Administered?

The Modified Romberg Test is typically administered as follows:

  1. Instructions: The officer instructs the suspect to stand with their feet together, arms at their sides, and eyes closed.
  2. Position: The suspect tilts their head slightly back.
  3. Timing: The suspect is asked to estimate the passage of 30 seconds silently.
  4. Observations: The officer observes the suspect for signs of impairment, such as swaying, inability to maintain balance, or significant deviations in their time estimation.

Observations and Indicators of Impairment

During the Modified Romberg Test, the officer looks for several indicators of impairment:

  • Swaying: Slight movements are normal, but significant swaying can indicate impairment.
  • Balance: Difficulty maintaining balance, such as stepping or falling, suggests impairment.
  • Timing: Overestimating or underestimating the 30-second period by a significant margin can be a sign of cognitive impairment.

Factors Affecting Performance

Several factors can affect a suspect’s performance on the Modified Romberg Test, including:

  • Environmental Conditions: Uneven ground, strong winds, or poor lighting can impact balance.
  • Medical Conditions: Inner ear infections, neurological disorders, or musculoskeletal issues can affect balance and coordination.
  • Nervousness: Anxiety and stress can impair performance.
  • Footwear: High heels or loose-fitting shoes can hinder balance.

Legal and Scientific Validity

The Modified Romberg Test, like other FSTs, has been scrutinized for its scientific validity and reliability in determining impairment. Critics argue that the test is subjective and can be influenced by various factors unrelated to intoxication. Despite this, it remains a commonly used tool in the field.

Challenging the Modified Romberg Test in Court

Defense attorneys can challenge the Modified Romberg Test’s results on several grounds:

  • Administration Errors: Arguing that the officer did not administer the test according to standardized procedures.
  • Subjective Interpretation: Highlighting the subjective nature of the officer’s observations.
  • Alternative Explanations: Presenting medical or environmental factors that could have affected performance.
  • Scientific Validity: Questioning the overall reliability and scientific basis of the test.

Case Law and Precedents

Several cases have addressed the admissibility and reliability of the Modified Romberg Test:

  • People v. Williams (2002): The court acknowledged the test’s role in assessing impairment but highlighted the need for proper administration and interpretation.
  • People v. Leahy (1994): This case set the standard for the admissibility of scientific evidence, including FSTs, requiring that they be generally accepted by the scientific community.

Conclusion

The Modified Romberg Balance Test is a widely used field sobriety test in California DUI cases, aimed at assessing a suspect’s balance, motor control, and ability to estimate time. While it provides valuable information for law enforcement, its subjective nature and potential for error make it a point of contention in court. Understanding the test’s administration, purpose, and potential defenses is crucial for anyone involved in a DUI case.

Citations

  1. California Highway Patrol, “Field Sobriety Tests,” CHP Official Website.
  2. People v. Williams, 28 Cal. 4th 408 (2002).
  3. People v. Leahy, 8 Cal. 4th 587 (1994).
  4. National Highway Traffic Safety Administration (NHTSA), “DWI Detection and Standardized Field Sobriety Testing,” NHTSA Official Website.