If you’ve been arrested for driving while intoxicated (DWI), you may have heard of the Romberg test. The Romberg test is a field sobriety test used by police officers to determine if a driver is impaired. However, the test is not foolproof, and there are many ways in which a police officer can mess up the test. As a DWI lawyer, I have seen this happen many times, and I want to explain how it can happen. The Romberg test is a balance test that involves standing with your feet together, arms at your sides, and your head tilted back. You are then asked to close your eyes and estimate 30 seconds. The officer is looking for any swaying or loss of balance during this time. If you cannot maintain your balance, it may be interpreted as a sign of impairment. However, there are several factors that can cause you to fail the Romberg test even if you are sober. For example, if you have a medical condition that affects your balance, such as vertigo, Parkinson’s disease, or an inner ear infection, you may not be able to pass the Romberg test, even if you are sober. Furthermore, the test can be messed up by the police officer administering it. If the officer does not give clear instructions, or if the instructions are confusing, you may not understand what you are supposed to do. Additionally, if the officer does not give you enough time to prepare for the test, or if they do not provide a stable surface to stand on, you may not be able to maintain your balance. Another common issue with the Romberg test is that the officer may not properly observe the test. If the officer is distracted or not paying attention, they may miss important details that could affect the outcome of the test. They may also misinterpret normal movements or swaying as signs of impairment. Schedule a case consultation with our team today by calling (409) 204-5566 or reaching out online. Se habla español.

Jonathan Zendeh Del

Attorney South Texas College of Law Houston, Georgia State Bar, Texas State Bar

After practicing law in Oklahoma, Jonathan returned to his native Galveston to establish Zendeh Del & Associates, PLLC, where he and his wife are law partners.

Year after year, Jonathan is named in Super Lawyers® Magazine and featured in Texas Monthly Magazine. Jonathan has achieved an AV Preeminent® Rating from Martindale-Hubbell® and has a 100% Client Review Rating. Jonathan has been named on The National Trial Lawyers’ “Top 100 Trial Lawyers” list. Jonathan has also received an Avvo Rating of 10.0 Superb for his experience, industry recognition, and professional conduct as a lawyer.

Jonathan practices in the areas of DWI/DUI defense, criminal defense, and personal injury law.

Areas of Expertise: DWI, Criminal Defense, Personal Injury