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Investigation of DUI Cases: Non-Standardized FST Rhomberg Balancing TestBy: DARREN KAVINOKY Investigation of DUI Cases: Non-Standardized FST Rhomberg Balancing Test (aka modified position of attention) The Rhomberg Balancing Test is a non-standardized field sobriety test (FST) that does not have scientific backing to support the allegation that the subject was intoxicated because they “failed” the test. Method The subject is instructed to stand upright, with their hands at their side. The subject is told to tilt their head back and keep their eyes closed. The officer instructs the subject to silently count to 30 and inform the officer when 30 seconds elapses. Clues 1) Subject started test before instructed to do so 2) Subject’s body swayed, either forward and back, or side to side (measured in approximate inches) 3) Subject does not estimate 30 seconds correctly Scoring Because this test is non-standardized, there is no scientifically-backed scoring system to accurately determine how many clues it takes to “fail” this test. Therefore, whether or not the subject passes or fails is subjective to the officer administering the test and not reliable. For most people, it is difficult not to “sway” when standing upright, eyes closed and head tilted back. However, police officers will count swaying as a failing factor.
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