Defenses to DRE
Drug Recognition Experts or Drug Recognition Evaluators (DRE) are a growing trend in the DUI field. Law enforcement agencies are funding certification programs to create more and moreDREs in order to arrest drivers with little to no alcohol in their systems. In many cases, the arrests made are based on the presence of medically necessary medications that the defendant took hours ago. Peter Binning a Columbus DUI attorney, is familiar with the inherent flaws of the DRE program and knows how to defend against a DRE exam in court.
Some of the more common defenses are as follows:
1. Prescribed medications are typically used to bring people from an abnormal state (due to a diagnosed medical disorder) to a normal one. The presence of a medication is proof that the individual was attempting to reduce or eliminate their impairment.
2. DRE-certified officers are required to measure the size of the driver’s pupils, yet they lack the proper equipment or experience to do so properly.
3. The officer performing the exam is not familiar with your medical history or your personal mannerisms. Without this knowledge, they are unable to state whether or not your behavior is “abnormal” or whether this behavior is due to drugs or alcohol.
4. The DRE exam cannot be considered scientifically valid, as it was never peer-reviewed.
5. The DRE exam does not demand that the officer specify a cause for the “symptom” the officer observed.
6. The exam is not concluded until the officer asks you what medications you are on. Providing him or her with this information automatically creates a bias against you.
7. The urine samples used to perform the drug tests can be collected, handled, and/or stored improperly.
There are many other possible defenses your Columbus DUI attorney can use, but ultimately, they all boil down to the fact that the DRE exam is being administered by non-medical personnel using pseudo-medical science arrive at a medical conclusion. To date, the medical community does not recognize the medical validity of the DRE exam in determining intoxication, yet the exam is used in courtrooms across the country as evidence anyway.
If you are facing a DUI charge in Ohio based on the findings of a DRE-certified officer, callColumbus DUI attorney Peter Binning today. He has been fully trained in the details and shortcomings of the DRE exam and is especially qualified to defend you in court. Call today for your free consultation.