- July 15, 2013
A common test used by law enforcement officials to determine sobriety is the Romberg balance test. What are often missing from the field tests are the accused baseline results. What happens when the baseline of a Romberg proves the field test was in error? Your Sumner DUI defense attorney will know the right course of action.
When a law enforcement officers pull a person over under suspicion of DUI they only have their personal, and very subjective observations to use in determining the level of sobriety of that individual. They don’t have a person’s complete medical history. They have no idea how coordinated that person might be in terms of balance. In fact, there are be many factors that can appear to make a person intoxicated when, in fact, he may be completely sober. A Sumner DUI defense attorney will know how to determine the baseline of a client’s physical limitations. Using this information can be a huge asset in building a strong defense for a DUI charge.
Putting the Romberg Test to the Test
The Romberg Test has been around since 1853 when a German ear specialist created the exam to diagnose a person’s balance assessment. That could go a long way towards determining if someone was suffering from ear problems. Over the years, the Romberg Test has been adapted by police departments and used for field sobriety testing. A suspect is asked to stand with feet together and hands at the side. Then the suspect is asked to tilt his head back and close his eyes. That position is held for 30 seconds.
A person under the influence might have balance issues. As a Sumner DUI defense attorney will tell you, so might a person who is on certain medications or who has a preexisting condition. The only way to make this determination is with a baseline test, which, ironically, is the one test that isn’t performed at DUI check. The baseline is found through testing with your Sumner DUI defense lawyer. Those results can impact the findings of the law enforcement officer.
Using a Sumner DUI Defense Attorney to Get the Proper Results
After you’ve retained the services of a Sumner DUI defense lawyer, you’ll be asked to recreate all the field sobriety tests that occurred during your DUI stop. If one of those tests was the Romberg, you’ll want your Sumner DUI defense lawyer to videotape how you perform that test under ideal conditions. This will be your new baseline and can be used to shatter the prosecution’s case. The law offices of Greene & Lloyd PLLC are standing by to assist you with all your legal matters relating to a DUI arrest. Call them today at (254) 770-0808 and start building your defense right away.