Attorneys weigh in on Tony Romo body camera video after Wisconsin traffic stop

The former Cowboys quarterback is scheduled to appear in court Sept. 21.

Less than 24 hours after body camera footage of Romo's traffic stop in Milwaukee was released, many questions centered on an exchange between the former Dallas Cowboys quarterback and a Milwaukee County sheriff's deputy after Romo was ordered to perform field sobriety tests.

In the body camera video, Romo can be heard saying, "I'm just going to call my lawyer, I'm not allowed to?"

Two Texas DWI attorneys reviewed the traffic stop and field sobriety test videos for NBC DFW. Neither attorney is connected to Romo's case.

Former Dallas County prosecutor and state district judge Randall Isenberg said it is common for people to want to speak with an attorney during a traffic stop.

"It's normal for people to want to talk to an attorney," Isenberg said.

Attorney David Burrows, who has decades of experience handling Dallas County DWI cases, said officers do not need a specific reason to order someone out of a vehicle.

"They don't have to have any reason to get somebody out of the car – they can just say get out of the car, and you've got to get out of the car," Burrows said.

Romo was arrested Thursday on suspicion of operating while intoxicated, or OWI, which is a civil infraction for first offenses in Wisconsin.

According to records obtained by NBC DFW's partners at The Dallas Morning News, Romo was cited Monday for refusing to take an intoxication test.

In the body camera video, Romo declined to take the test.

"We're not doing that – I've heard from all the lawyers – not to do that," Romo said in the video.

According to an attorney NBC DFW spoke with in Wisconsin, refusing an intoxication test in the state can carry a one-year driver's license suspension.

The Wisconsin citation also states that an "open-bottle of an alcoholic beverage was observed on the passenger side of the vehicle" after Romo's Jeep was towed.

Both Isenberg and Burrows said a key issue in the case could be whether probable cause existed before Romo was asked to perform field sobriety tests.

"The case will probably get tossed out," Burrows said.

"I think I agree," Isenberg said.

Isenberg also questioned whether the case would result in a conviction.

"I don't think there's any jury that's going to convict him," Isenberg said.

Romo is scheduled to appear in court Sept. 21 in Milwaukee.

NBC DFW notes that neither Isenberg nor Burrows is connected to Romo's case, and both based their analysis on their experience with Texas law.

This story was originally reported for broadcast by NBC DFW. AI tools helped convert the story into a digital article, and an NBC DFW journalist edited it again before publication.