It’s been a while since I have written about the use of drug recognition experts. Drug recognitions experts or DREs are law enforcement officers who are specially trained and certified to recognize symptoms of drug intoxication in drivers. When a driver is stopped and there is suspicion that the driver is under the influence of drugs, a DRE will be called to assess whether the driver is exhibiting symptoms of being under the influence of drugs.
Many critics of the use of DREs centers around the fact that DRE tests and observations may be subjective and risk false positives. Unlike driving under the influence of alcohol roadside tests, there are no roadside tests for driving under the influence of drugs. If the officer and DRE suspect a person is driving under the influence of drugs, the driver will be arrested and subjected to all that entails and an invasive blood draw.
Imagine that you are driving and experience some disorientation, but you don’t understand you are having a medical event. Your driving may be erratic prompting an officer to pull you over. Once the officer contacts you, she notices that you seem confused and your words are slurred. She doesn’t smell alcohol on your breath or the burnt smell of cannabis in your car. She asks you to blow into a breathalyzer and that test does not detect the presence of alcohol. So, she calls in a DRE. The DRE performs the DRE 12-step psychophysical tests and notices that you can’t keep your balance, your eyes seem vacant, and your behavior is “off.” You are arrested for driving under the influence of drugs. You are taken to the police station, booked, and a blood draw is performed. Awaiting the results of the blood draw, you are placed in a jail cell. The only problem is: You were having a stroke!