Several years ago, in response to a rise in DUI cases involving Drugs as opposed to Alcohol, the National Highway Traffic Safety Association and the International Association of Chiefs of Police assisted in developing the Drug Classification Program (DCP) in an effort to assist officers in making correct and proper arrest decisions in DUI Drug cases. Drug Recognition Experts (DREs) are the products of the DCP. Interestingly, DREs conduct their full investigation after a person is actually arrested for DUI Drugs often times by Law Enforcement Officers who have possibly completed the NHTSA Field Sobriety Training and/or ARIDE (Advanced Roadside Impaired Driving Enforcement).
During the pre-arrest and post-arrest DUI Drug Investigation, DREs and/or initial LEOs may utilize the Horizontal Gaze Nystagmus, Walk & Turn, and One Leg Stand Field Sobriety Evaluations, along with Romberg, Modified Romberg, Lack of Convergence, and checking for reddening of the Conjunctivae and raised taste buds. Regarding some of these evaluations, recent Georgia caselaw has determined that some of the evaluations in DUI Drug cases have not met the Harper standard and, thus, are not admissible. Furthermore, the Instructors within the DRE program explain to their students that raised taste buds are not indicative of drug use but rather are indicative of ingesting warm or hot substances.
If you are arrested for a DUI based upon Drugs (Prescription or Illegal), certain evaluations may be conducted upon you by a DRE or a non-DRE officer. Even if an “expert” such as a DRE is involved in your case, you should not throw your hands in the air or wave some white flag of surrender just because the State tells you and the Court that an “expert” determined that you were under the influence of a drug. That “expert” is offering a subjective opinion based upon his interpretation of several factors that can be caused by many things other than drugs.
Contact an experienced and knowledgeable DUI Attorney such as Joey Cowart to assist you in dealing with cases involving DREs.
