If you have a pending DUI case, an experienced Pierce County DUI lawyer can help you understand all of the ways you may be able to challenge the prosecution’s evidence against you. For example, if you performed the Romberg Balancing Test during your traffic stop, you may be able to challenge the reliability of the test results.
Various studies have evaluated the reliability of the Romberg Test. In one study, researchers asked 104 subjects, ages 18–52, to stand in the position required for the test. After the subjects were standing with their feet together and had their arms down by their sides, they were asked to hold that position. An officer asked the subjects to tilt their head backs and keep their eyes closed for what they believed was 30 seconds. After each subject estimated that 30 seconds had passed, he would bring his head forward, open his eyes, and say “stop.” After a subject opened his eyes, the officer would ask him to say how much time had passed.
Researchers gathered information about each subject’s sway or lack of balance while standing, the subject’s amount of eyelid flutter, and the subject’s accuracy in estimating 30 seconds. The results showed a broad variation in the amount of eyelid flutter and the accuracy in estimating time. Researchers also found that over half of the subjects swayed 1-2 inches, while approximately one quarter of the subjects swayed less than one inch and one squarter swayed between 2-4 inches.
Significance of Study Results
The variation in test results supports the idea that there is a broad range of “normal” within the general population. In addition, drivers may naturally react differently to the Romberg Test because of physical condition, age, and other factors.
Contact Pierce County DUI lawyer, South King County criminal attorney
The reliability of the Romberg Test is questionable. A smart Pierce County DUI lawyer can help you make a convincing argument that the results in your case are not to be trusted as evidence of intoxication. If you would like me to review your case, please submit the Free Case Evaluation form on this page or call me directly.