If you were pulled over DUI or DWI for drugs, you very well may have a Drug Recognition Expert in your Maryland DUI.

When a driver is suspected of driving under the influence (DUI), but their blood alcohol content (BAC) is low or zero, law enforcement may call upon a Drug Recognition Expert (DRE). These officers undergo specialized training to identify impairment caused by drugs other than alcohol. Their testimony can be a critical component of a prosecution’s case, but it’s important to understand what they do and the limitations of their methods.

Who Are Drug Recognition Experts?

A DRE is a law enforcement officer who has completed a training program certified by the International Association of Chiefs of Police (IACP). This program teaches them to use a standardized, 12-step evaluation process to form an opinion on whether a person is impaired by drugs and to identify the category of drug responsible.

The goal of the DRE is not to make a medical diagnosis but to gather evidence of impairment that can be used in court. Their evaluation is a systematic process designed to be consistent and replicable.

The 12-Step Drug Recognition Evaluation Process

The DRE protocol is a structured evaluation that includes a series of observations and tests. Each step builds on the last, helping the officer narrow down the potential cause of impairment.

1. Breath Alcohol Test: This initial step confirms that alcohol is not the primary cause of any observed impairment.
2. Interview of the Arresting Officer: The DRE gathers information from the arresting officer about the driver’s behavior, appearance, and driving patterns.
3. Preliminary Examination: The DRE conducts an initial assessment of the suspect, checking for signs of injury or a medical condition and taking a first pulse reading.
4. Eye Examinations: This includes checking for Horizontal Gaze Nystagmus (HGN), Vertical Gaze Nystagmus (VGN), and lack of convergence, which can indicate the presence of certain drugs.
5. Divided Attention Tests: The DRE administers four psychophysical tests: the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.
6. Vital Signs Examination: The DRE measures the suspect’s blood pressure, temperature, and pulse.
7. Dark Room Examinations: The officer checks the suspect’s pupil size under near-total darkness, indirect light, and direct light.
8. Muscle Tone Assessment: The DRE checks for either rigid or loose and flaccid muscle tone, as certain drugs can affect this.
9. Inspection for Injection Sites: The DRE looks for evidence of recent drug use via injection.
10. Suspect’s Statements: The DRE interviews the suspect, asking about any recent drug use or relevant medical history.
11. Opinion of the DRE: Based on the totality of the evaluation, the DRE forms an opinion on whether the suspect is impaired and, if so, by which category of drug.
12. Toxicological Examination: A chemical test, such as a blood or urine sample, is requested to corroborate the DRE’s opinion.

The Seven Categories of Drugs

DREs are trained to classify substances into one of seven categories based on the signs and symptoms they produce.

• Central Nervous System (CNS) Depressants: Includes alcohol, barbiturates, and anti-anxiety drugs. They slow down brain function and physical responses.
• Central Nervous System (CNS) Stimulants: Includes cocaine, methamphetamine, and Adderall. They accelerate brain and body functions.
• Hallucinogens: Includes LSD, psilocybin, and MDMA. These substances alter a person’s perception of reality.
• Dissociative Anesthetics: Includes PCP and ketamine. They can cause a sense of detachment from one’s body and surroundings.
• Narcotic Analgesics: Includes heroin, fentanyl, and oxycodone. These drugs relieve pain and can produce euphoria followed by drowsiness.
• Inhalants: Includes substances like glue, aerosols, and paint thinner. They can cause dizziness, confusion, and slurred speech.
• Cannabis: Includes marijuana and its concentrates. It can slow reaction time, affect time perception, and cause bloodshot eyes.

Medical Conditions Can Mimic Drug Impairment

A significant challenge in DRE evaluations is that many medical conditions can produce signs that resemble drug impairment. A skilled defense attorney can argue that an underlying health issue, not drug use, caused the observed symptoms.

Examples include:

• Diabetes: Both low and high blood sugar can cause confusion, poor coordination, and slurred speech.
• Head Injuries: A concussion or traumatic brain injury can affect balance, eye movements, and cognitive function.
• Neurological Disorders: Conditions like a stroke can impact speech and motor skills.
• Inner Ear Issues: Disorders affecting the inner ear can cause nystagmus and balance problems.
• Extreme Fatigue: Sleep deprivation can severely impair reaction time and performance on divided attention tests.
• Prescription Medication: Side effects from legal medications can sometimes mimic signs of illegal drug use.

Cross Examination of a Drug Recognition Expert in Maryland

Challenging the testimony of a Drug Recognition Expert is a crucial component of a strong DUI defense. A defense attorney can question the reliability of the DRE’s conclusions through targeted cross-examination. Key areas to probe include the expert’s qualifications, the subjectivity of the evaluation, and adherence to standardized procedures.

Questioning Qualifications and Training

A DRE’s expertise is not inherent; it is the result of specific training and ongoing practice. A defense can explore potential weaknesses in this area:

• Certification Status: DRE certification must be renewed every two years. An attorney can verify if the officer’s certification was current at the time of the evaluation. The DRE training manual notes that the skill is perishable and requires frequent practice.
• Medical Expertise: DREs are not medical professionals. Cross-examination can highlight their limited training compared to doctors or ophthalmologists, especially when medical conditions could explain the observed symptoms. They are trained by other police officers, not by members of the medical community.
• Courtroom Experience: An attorney may ask about the officer’s history of testifying in court and any training they have received in giving testimony, framing them as a professional witness rather than a purely objective observer.

Scrutinizing the 12-Step Process

The DRE protocol is built on the principle of standardization. Any deviation from the prescribed 12 steps can undermine the validity of the DRE’s opinion.

• Adherence to Standards: The training manuals emphasize that the evaluation must be conducted in the exact same way every time. An attorney can question the officer on every step, looking for any omissions or alterations to the procedure.
• Subjective Observations: Several steps in the process rely on the DRE’s personal judgment, such as estimating how many inches a suspect sways during the Romberg balance test or assessing muscle tone. These subjective interpretations are fertile ground for cross-examination.
• Confirmation Bias: The DRE evaluation begins with an interview of the arresting officer. This can create a confirmation bias, where the DRE is already inclined to believe the suspect is impaired. An attorney can question how this initial briefing may have influenced the DRE’s subsequent observations and conclusions.
• Non-Validated Tests: The DRE training manuals acknowledge that some of the divided attention tests, like the Romberg Balance and Finger to Nose, have not undergone the same level of scientific validation as the Standardized Field Sobriety Tests used for alcohol impairment.

Highlighting Alternative Explanations

The core of the DRE’s opinion is that drug impairment is the cause of the observed signs. A strong defense introduces reasonable doubt by presenting alternative causes.

• Innocent Explanations: Many factors besides drugs can cause the physical signs a DRE looks for. Nerves, fatigue, physical injury, or a pre-existing medical condition can all affect a person’s balance, pupil size, and vital signs.
• Lack of Convergence: The eye’s ability to cross is checked during the evaluation. However, training materials admit that many people naturally lack convergence even when completely sober.
• Contradiction with Toxicology: The final step of the DRE process is a toxicological test. If the lab results do not confirm the presence of the drug category the DRE identified, it can severely damage the expert’s credibility. The DRE manual itself shows varying accuracy rates for identifying different drug categories, with some being as low as 33-50%.

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