Tony Romo, the former Dallas Cowboys quarterback turned CBS Sports commentator, was cited for refusing an intoxication test following his arrest on July 23 after competing in a Milwaukee-area golf tournament, according to public records obtained by The California Post.
Law enforcement stopped Romo on an interstate highway following his round at the Wisconsin Amateur Championship, where he reportedly performed poorly on field sobriety tests, according to reporting by FOX6 Milwaukee. Romo was released following the stop and is scheduled to appear in court on September 21.
The Milwaukee County District Attorney's office classified the matter as a traffic violation rather than a criminal charge, a distinction that carries significant implications for both the evidentiary record and potential penalties.
Under Wisconsin's implied consent law, law enforcement can pursue chemical testing—breath or blood—when an officer has probable cause to believe a driver operated a vehicle while intoxicated. A driver's refusal to submit to such testing can be cited as a separate violation and may be used as evidence of consciousness of guilt, though prosecutors face constraints in how such refusals can be presented to judges or juries.
Public records from the Milwaukee County Sheriff's Office and the District Attorney have not been immediately made available for independent verification. Neither agency responded to inquiries from Fox News Digital at the time of reporting.
The nature of the traffic stop, whether it was initiated by a moving violation or based on suspected impairment, remains unclear from available public documents. Field sobriety tests—including the horizontal gaze nystagmus, walk-and-turn, and one-leg stand—are subject to significant scrutiny in legal proceedings. Their reliability depends heavily on proper administration and can be affected by numerous non-intoxication factors including age, physical fitness, medical conditions and environmental conditions.
Romo's decision to refuse the chemical test is his legal right under Wisconsin law, though it carries consequences. A refusal can result in license suspension and citation of the refusal itself as a separate violation. Prosecutors must still establish probable cause for an operating while intoxicated charge through other evidence—the officer's observations, field sobriety test results and any other circumstances surrounding the encounter.
The classification of the matter as a traffic violation by the District Attorney's office is significant. Unlike a criminal charge, which would involve stricter charging standards and a criminal court process, a traffic violation proceeds through a different procedural framework. This distinction may affect discovery obligations, the parties' rights to certain evidence, and the scope of potential penalties.
Romo retired from professional football in 2017 and transitioned to broadcasting. He was the Dallas Cowboys' starting quarterback from 2006 until an injury in 2015 led to his replacement by Dak Prescott. During his playing career, Romo threw for 34,183 yards and 248 touchdowns while completing 65.3 percent of his passes. He was selected to four Pro Bowls and finished third in MVP voting in 2014.
At CBS Sports, Romo serves as a color commentator alongside play-by-play announcer Jim Nantz, calling three Super Bowls together, most recently Super Bowl LVIII featuring the Kansas City Chiefs' overtime victory against the San Francisco 49ers.
Following the arrest, Romo withdrew from his scheduled appearance at the M&P Group Texas State Open golf tournament, which was set to take place over the weekend after the Milwaukee incident.
The case will proceed to a September 21 court date, at which point additional details may emerge through publicly filed documents, including police reports, the initial complaint and any motions filed by either the prosecution or defense.