When a Rochester resident is stopped for drinking and driving, the police officer will commonly ask the driver to perform several field sobriety tests – such as walking a straight line or counting backwards.

There are a number of different tests that law enforcement officers may use, some of which are of very questionable value in determining whether a person is intoxicated.

The Romberg (or Rhomberg) field sobriety test is one such test.

The Romberg test was developed by a doctor many years ago for use in determining whether a patient had syphilis.

Law enforcement later modified the test and decided to use it to test for intoxication.

Unlike some other field sobriety tests, the Romberg test has not been approved by the National Highway Traffic Safety Administration for use in determining whether a driver is intoxicated.

The actual test requires the driver to stand with feet together, arms at his or her sides, head tilted back, and eyes closed.

The driver will be instructed to stand in that position for a certain amount of time – usually 30 to 45 seconds – while keeping track of the time in his or her head.

The driver will be required to either tell the police officer when the set amount of time has passed or tell the officer how much time has passed when told by the officer to stop.

The driver will be evaluated by the police officer on his or her ability to follow directions, stand in an uncomfortable position without swaying or falling, and estimate the passage of time.

Unfortunately, there are no concrete criteria used by law enforcement when evaluating the driver’s performance of this test, and whether the driver has “passed” or “failed” is largely a subjective judgment of the police officer.

Anyone arrested for drinking and driving should consult with a lawyer who understands all aspects of their case.

We can be reached at 585-484-7432 for a legal consultation.