Former Cop: Field Sobriety Tests are a Cruel Joke. Tony Romo had no chance.
Drinking and driving is not okay. Doesn’t mean people don’t have rights and that Tony Romo’s treatment was fair.
I was a cop. Now I make NFL content. I might know what I’m talking about on this one.
Tony Romo was arrested recently for Operating While Impaired in Wisconsin. The body camera footage of his traffic stop surfaced on Tuesday, and many people took exception to the way Romo was treated.
When Deputy Kaur, of the Milwaukee County Sheriff’s office, asked Romo to exit his car for roadside Field Sobriety Tests, the former Cowboys QB asked if he could call his lawyer. The Deputy told him he couldn’t.
Explanation: My understanding is that in the state of Wisconsin, Kaur was in the right on that part. She hadn’t read Romo his rights yet, so he had no constitutional right to representation.
Romo then exited the car, and Kaur told him that it was unsafe to do the field sobriety tests where they were standing, on the side of the highway, so she wanted to transport him somewhere safe first.
Explanation: Kaur was in the right for this part too. Yes, it feels backhanded, but think about it - she can’t let him drive somewhere safer if she suspects him of operating while impaired. She can’t let him drive anywhere. So she needs to transport him. She also can’t tell him that’s the plan while he’s still in his car because that inevitably leads to arguments, and then people get uncooperative and defensive. That’s not a good situation for a police officer during a traffic stop (Trust me).
Once Kaur transported Romo to what appeared to be a police station parking garage, he complained of back pain (He’s had multiple surgeries, and the backseat of police cars are not comfortable). Then they conducted the Field Sobriety Tests. Romo performed poorly on the Horizontal Gaze Stigmas (Eye to pen test), one leg stand, and walk and turn.
After failing those tests (Everyone does), Kaur asked Romo to submit to a preliminary breath test (PBT). “Oh no, we’re not doing that.” Romo said. “I’ve heard from multiple lawyers, don’t ever do that, so we’re not going to do that.”
Romo later refused the breathalyzer machine at the station.
Explanation: Romo probably didn’t understand what tests he should take, and which ones he should refuse.
None of the 50 states require you to take the Field Sobriety Tests or the preliminary breath test.
In my opinion, as a former police officer, the Horizontal Gaze Stigmas, One Leg Stand, and Walk and Turn are impossible to pass. Grading them is extremely subjective. The officer just has to say they feel like you stuttered, hesitated, or struggled, even if you follow their instructions perfectly.
Romo never had a chance on those tests. Nobody does. Those are the tests that lawyers often say to not bother taking.
The Preliminary Breath Test (Little handheld device) is another one that lawyers often tell their clients not to take. My opinion is a little different. If you blow a 0.00 on the PBT, the officer is going to have a hard time proving their probable cause. So if I’m completely innocent, I’d have no problem blowing into the PBT.
Bottom line, I’m not a lawyer, and I’m not giving you legal advice - but if it were me, I’d refuse to take any Field Sobriety Tests other than the PBT.
Here’s where Romo messed up.
The breathalyzer machine at the police station (It looks like a fax machine with a long cable and a plastic tube) - that’s the one you’re foolish not to take. Every state has implied consent laws; meaning if you refuse to submit a chemical test (breath, blood, or urine), and an officer has probable cause to believe you were impaired while operating a vehicle, your license is going to be suspended.
So you might as well take the test at the station, because you might pass. Even if you don’t, your lawyer can try to argue the machine wasn’t calibrated correctly, or if there was some kind of maintenance issue, etc.
In other words, you should always take the machine at the police station. (Once again, I’m not a lawyer. Consult a licensed attorney if you’re concerned about these things).
In the case of Romo, he’s lucky that Wisconsin has baby DUI/OWI laws. People reports that a first offense for Operating While Impaired in Wisconsin is a $150-$300 fine, and isn’t a criminal charge.
I’m not defending drunk driving, but Field Sobriety Tests are not a fair measure for probable cause. That’s not Deputy Kaur’s fault. She didn’t make the laws or her department’s policies. I agree with her findings. Romo’s eyes appeared glossy. To me, he appeared at least buzzed. He also didn’t do well on the tests, and in my opinion, it wasn’t particularly close. Because he refused the machine, we’ll never know exactly how drunk he was - if at all.
At the end of the day, this comes down to three points.
Romo had no chance of passing the field sobriety tests (Nobody does)
Deputy Kaur did her job
If you don’t drink and drive, none of this is an issue
-Written by Seattle Mike