Drug Recognition Expert (DRE) is a designation bestowed upon police officers and other law enforcement personnel who have completed a certification process. To earn this designation, DREs study known signs of impairment associated with certain drugs. By observing suspect drivers for these signs, DREs determine the type of substance being used by the driver following a specific protocol.
DREs are certified through the International Association of Chief of Police (IACP) in the recognition of impairment due to drugs.
For approximately 20 years, Albuquerque attorney Barry Klopfer has successfully defended drivers where the State has attempted to use DREs to determine whether a driver charged with DWI was illegally impaired due to being on drugs.
DREs are police officers who have received certification to find marijuana and other drugs in a person’s system. They assist law enforcement in identifying a driver’s impairment. The evidence DREs collect is used against drivers when the police are intending to charge a driver with criminal DWI while on drugs.
DREs begin their investigation by reviewing a driver’s breath test results and speaking with the on-scene officer about your driving behaviors. They also ask about the driver’s behavior, driving and otherwise, and make judgments based upon the driver’s appearance.
The DRE performs a preliminary examination to determine whether a driver suffers from injury or another non-drug-related condition. At this point during the investigation the DRE will address standard questions about health, food consumption, beverage consumption, and currently prescribed medications. Throughout their investigation the DRE will check the driver’s pulse and note the results.
The DRE will test the driver’s horizontal gaze nystagmus (HGN) and vertical gaze nystagmus (VGN), for lack of convergence. The DRE administers several divided attention tests, also known as psychophysical assessments, including the Modified Romberg Balance, Walk and Turn, One Leg Stand, and Finger to Nose tests.
The DRE will measure the driver’s blood pressure, temperature and, again, throughout their investigation, monitor the driver’s pulse. The police will record this information to use as evidence against the driver upon arrest. The DRE will evaluate the driver’s muscle tone and determine whether their skin shows injection sites which could indicate recent drug use.
The DRE will likely opine the driver to be under the influence of drugs. If the reading of the driver’s rights has not previously been completed, the DRE will Mirandize the driver and question the driver about their drug use.
It is important for the driver to decline to answer any such questions and demand a lawyer.
Courts may admit chemical tests that provide evidence to support the opinion of a DRE. However, take note that nothing about or within DRE diagnostic protocols is uniquely predictive or novel. Physicians have used such an approach for decades in attempts to identify and diagnose alcohol and drug-induced impairment.