DRE, or Drug Recognition Expert, is a certification increasingly used in DUI cases across Georgia. Certified officers perform a twelve-step evaluation on drivers who may have little or no alcohol in their system, often basing arrests on prescription medications taken long before the stop. Attorney Simon Peed is well-versed in the weaknesses of the DRE process and can provide a strong defense in your DUI case.
The most common defenses to the DRE process include:
- Prescription Medications: Many medications restore individuals to a normal state rather than causing impairment. Medications that reduce symptoms of medical conditions or illnesses cannot be reasonably linked to impairment.
- Improper Training or Equipment: DRE officers may lack proper training or use inappropriate equipment to measure factors such as pupil dilation, leading to flawed conclusions.
- No Baseline for Normalcy: DRE officers do not know the individual’s normal physical state, making it difficult for them to accurately determine whether a driver is impaired.
- Lack of Scientific Validation: The DRE process has not undergone peer review in the scientific community, a critical requirement for credible scientific conclusions.
- Non-Specific Symptoms: Observed symptoms during a DRE examination may not be conclusively tied to drug impairment.
- Reliance on Driver’s Statements: DRE officers often form opinions based on the driver’s admission of taking medications, rather than objective evidence.
- Issues with Urine Samples: Challenges to how urine samples were collected, transported, and stored can call the results into question.
Perhaps the most significant flaw in the DRE process is that non-medical personnel use quasi-medical exams to reach conclusions that only a trained medical professional should make. DRE-certified officers are not doctors, and the methods they use are not medically accepted for diagnosing impairment.
If you’ve been arrested for a Georgia DUI based on a DRE examination, Attorney Simon Peed can evaluate the evidence against you, identify weaknesses in the DRE process, and build a strong defense. Call today for a thorough review of your case and protect your rights.
