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    DUI Defense Division

    The Rhomberg DUI Test – How to Fight It in Court

    The Rhomberg balance test is a non-standardized field sobriety test (FST) police officers administer to gauge whether a DUI suspect is under the influence of alcohol and/or drugs.1

    Since the test has not been standardized by the National Highway Transportation Safety Administration (NHTSA), any qualified DUI lawyer should therefore be able to attack the test’s reliability and accuracy in court.

    In the article below, our California DUI attorneys will explain the following:

    Rhomberg Balance Test

    There are a total of three standardized field sobriety tests scientifically correlated to DUI impairment.2 The Rhomberg balance test is not one of them.3

    This means that police are not required to follow any specific guidelines nor look for any particular clues when conducting the Rhomberg balance test. Nevertheless, non-standardized FSTs such as the Rhomberg balance test are often used by law enforcement to assist in their investigations.

    Definition & Instructions

    The Rhomberg balance test is a divided attention test.4 During the administration of the Rhomberg balance test, the DUI suspect is to:

    • Stand with their feet together,
    • Have their head tilted slightly back,
    • Have their eyes closed,
    • Estimate the passage of 30 seconds,
    • When the DUI suspect believes that 30 seconds has passed, they should tilt their head forward, open their eyes, and say, “stop.”4

    However, because there are no set procedures on how to administer the Rhomberg balance test, the instructions may differ from one officer to another.

    girl with her head tilted back

    During the Rhomberg Balance Test, subjects are instructed to keep their head tilted back.

    Scoring & Clues

    California police officers look out for the following six “clues” in “scoring” whether or not a driver is under the influence of alcohol and/or drugs.

    1. The amount and direction in which the suspect sways.
    2. The suspect’s estimated passage of 30 seconds.
    3. Eyelid tremors and/or body/leg tremors.
    4. Muscle tone (either more rigid or more flaccid than normal).
    5. Any statements or unusual sounds made by the subject when performing the test.
    6. The suspect’s overall ability to follow instructions.5
    30 seconds on a watch

    Certain substances can change one’s perception of the time.

    Reliability

    Since the Rhomberg balance test has not been standardized by NHTSA, it lacks any reliability backed by science. Five reasons why the test is an unreliable indicator for drug and/or alcohol intoxication are the following:

    1. There are no standard instructions for police to give.
    2. The police often give the wrong instructions.
    3. The results of the test are too subjective to give the officers probable cause.
    4. Non-alcohol-related reasons may cause the suspect to lack coordination.
    5. Outside distractions may cause the suspect to fail the test.

    Additional Resources

    For more information, refer to the following:

    1. Alcoholics Anonymous – 12-step program for overcoming alcoholism.
    2. Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
    3. Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
    4. Driving Under the Influence (DUI) – California DMV page on driver license suspension for DUIs.
    5. MADD – Non-profit organization devoted to stopping drunk driving.

    Legal References:

    1. California Highway Patrol (December 2007). Memo Re: HPM 70.4. Driving Under the Influence Enforcement Manual. The Romberg Balance FST was among one of the DUI sobriety tests considered by SCRI during its landmark 1977 study. The Rhomberg test was also considered one of the six optimal DUI sobriety tests during a 1974 Finnish study. The Rhomberg test was implemented by the Los Angeles Police Department (LAPD) during the formation of their Drug Recognition Evaluator (DRE) program and it was accepted by NHTSA due to its unique divided attention qualities.
    2. U.S. Department of Transportation “DWI Detection and Standardized Field Sobriety Testing” NHTSA Student Manual (February 2006). The three standardized FSTs are the horizontal gaze nystagmus test (HGN), the walk and turn test, and the one-leg stand test. Along with the Rhomberg balance test, other non-standardized FSTs used by police officers to detect whether or not a suspect is impaired include the hand pat test, the finger count test, and the finger to nose test.
    3. Please see Stuster U.S. Dept. of Transportation Rep. No. Dot-HS-808-839 (1998), at 33; Burns & Moskowitz, Psychophysical Tests for DWI Arrest, U.S. Dept. of Transportation Rep. No. DOT-HS-802-424 (1977) (recommended the three-test battery of one-leg stand, walk and turn, and HGN to aid officers in discriminating BAC level); Anderson, Schweitz & Snyder, Field Evaluation of Behavioral Test Battery for DWI, U.S. Dept. of Transportation Rep. No. DOT-HS-806-475 (1983) (field evaluation of the field sobriety test battery (HGN, one-leg stand, and walk and turn) conducted by police officers from four jurisdictions indicated that the battery was approximately 80% effective in determining BAC above and below .10 percent).
    4. California Highway Patrol (December 2007). Memo Re: HPM 70.4. Driving Under the Influence Enforcement Manual.
    5. Id.

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