Marijuana DUI: The Modified Romberg Balance Test

August 15, 2018By Brian Manchester

If you asked Dr. Moritz Heinrich Romberg him what his legacy would be while he was on his death bed in 1873, we doubt he would say field sobriety testing for drug and marijuana DUIs. Nevertheless, (former) neurologist Dr. Romberg is now the namesake standardized field sobriety test used to detect the presence of drugs: the “Modified Romberg Balance Test.”

You’re Nervous and Sober? To the Police, You’re High on Drugs

The Modified Romberg Balance Test begins with the officer instructing the subject to tilt his or her head back slightly, close his or her eyes, and estimate 30 seconds. When he or she believes 30 seconds has gone by, the subject is supposed to tilt his or her head forward, open his or her eyes, and say “stop.”

The goal of the Modified Romberg Balance Test is to check the subject’s internal clock and balance while looking for eye or body tremors. If you say stop anywhere between 25-35 seconds you are off to a good start, as anywhere between 25 and 35 seconds is considered normal for purposes of estimating 30 seconds.

The Modified Romberg Balance Test is a divided attention test, which means you are concentrating on more than one thing at a time, all while the officer is just waiting for you to make a mistake. For example, something as small as you estimating 30 seconds then opening your eyes and saying “30” or “done,” instead of “stop,” will be noted as an indicator of impairment by the officer.

This Test Can Be Attacked By An Attorney

However, the Modified Romberg Balance Test can be attacked in various ways by an experienced attorney. For example, it is being given by an officer looking for anything and everything to note as an indicator of impairment. A doctor administering the test does not do so with the hope that the subject will make mistakes.

Second, you are nervous, you’ve never taken the test, nor have you ever practiced the test. In addition, a major issue defense attorneys have with tremors is that officers believe they can tell the difference from nerves and drug-induced tremors. However, it is not common for a person high on marijuana to visibly shake. Also, officers claim that tremors do come and go like nerves that make you shake do. An experienced defense attorney like Brian Manchester can show that if you were nervous, your nerves aren’t going to go away by an officer making you take these field sobriety tests.

Mistakes On Test Do Not Indicate Impairment

A crucial point on the Modified Romberg Balance Test: unlike other sobriety tests, there are no clues or indicators that have been validated. This means that the officers, prosecutors, courts, juries, defense attorneys, etc., do not have the research or data to prove that specific clues under the test are statistically reliable indicators of impairment. That research is available only for Horizontal Gaze, Nystagmus, Walk and Turn and One Leg Stand. In other words, if you make mistakes on the Romberg, this does not tell the officer the statistical likelihood of your impairment. For example, if you sway 1 – 2 inches, there is not a 50% likelihood you are impaired.

It is important to remember this test is voluntary, unlike some of the other sobriety tests for alcohol under PA’s implied consent laws. You should not volunteer to perform this test, as officers will be looking for anything and everything they can to say that you were impaired. If you did, don’t worry. Brian Manchester knows how to call the accuracy of this field sobriety test into question, as he has extensive training in DUI defense and is even a member of the National College for DUI Defense, the American Chemical Society, and the Society of Forensic Toxicologists. Brian Manchester also regularly attends seminars that specifically focus on DUI defenses, and he was also the Educational Chairman for the Pennsylvania Association of Drunk Driving Defense Attorneys. For a free consultation we can be contacted at 1-800-243-4878.

Posted in: Drug DUI Defenses , DUI Marijuana

Tags: DUI, DUI attorney, DUI Defense, DUI lawyer, Marijuana DUI:, Modified Romberg Balance Test, underage dui,

Share this Article

About the Author

Brian Manchester is the owner of Manchester and Associates in Bellefonte, Pennsylvania. His law firm practices DUI and Criminal Defense exclusively throughout the entire state of Pennsylvania in both state and federal court. He has a team of two other lawyers with a combined 50 years of trial and courtroom experience are also trained in science and many other skills that are relevant to criminal defense to include the psychology of persuasion as well. One of his associates is a former District Attorney (chief prosecutor) in central Pennsylvania.   Mr. Manchester and his team routinely handle serious felony cases including murder, manslaughter, sex crimes, complex financial crimes, and serious assaults. A large part of Mr. Manchester’s practice is the defense of alcohol and drug-based DUI offenses as well as drug cases using science and analytical chemistry. Mr. Manchester has training as a Standardized Field Sobriety Testing Instructor. He is one of a handful of Certified Lawyer-Scientists as recognized by the American Chemical Society in the United States. He is a member of NCDD and is a Founding Member of DUIDLA. He is also a member of the American Chemical Society with over 170,000 members across the world. To date, he is the only practicing criminal defense lawyer to belong to the Society of Forensic Toxicologist where he is an Associate Member. Mr. Manchester speaks nationally on the topic of blood and drug testing for alcohol as well as the metrological (measurement uncertainty) in forensic testing.

Leave a Reply


(888) 994-7616 [cForm]

Client Testimonials

  • “Mr. Manchester is the lawyer I would hire if accused of DWI. He is concerned for his clients and aggressively defends their cases. He has completed the most rigorous training to be one of the best DWI lawyers in the State. His determination and knowledge will serve you well when he is your attorney.”
  • “I endorse this lawyer. Mr. Manchester is well versed with the evidential pitfalls of hospital blood testing. With this knowledge, he has been able to effectively represent those accused of alcohol related offenses. Recently, Mr. Manchester has provided me with assistance on a complex blood analysis case.”
  • “I am both surprised and proud to be one of the first lawyers to highly recommend Brian as a criminal defense and DUI lawyer. Brian’s knowledge of criminal defense, and especially in the area of DUI, is unmatched. Not only does Brian possess a great working knowledge of the law, he has also dedicated himself to the underlying science necessary to successfully defend DUI and criminal cases involving blood test results. Brian is committed to excellence and receives my recommendation without reservation to those looking for a knowledgeable and committed criminal defense or DUI attorney.”
  • “Attorney Manchester is well-known for his strong work ethic. He is the type of attorney that you would like to have involved in your case. Known as a person who stands up for principle, Attorney Manchester has the guts that is needed (but sadly is missing in a lot of criminal defense attorneys) to defend the citizen accused. He is certainly not afraid to defend people who have been accused by the government of being in violation of the law. His favorite two words seems to be “Prove it!””
  • “Brian Manchester is a knowledgeable, dedicated attorney, with the skill and ability to successfully defend citizens who are accused of driving under the influence. I highly recommend Brian.”

What Law Enforcement Says about Brian Manchester



Recent Entries

ROR Bail What is Institutional Sexual Assault and its Punishments? Teen Sexting & Child Pornography Charges
[BdForm type="1" mod="desk"]