Your Rights When a DRE Is Involved in a DUI Investigation and Why You Need an Attorney to Protect Your Interests

If you've been stopped by law enforcement in Florida and suspected of driving under the influence (DUI), the situation can be overwhelming. What happens if the police call in a Drug Recognition Expert (DRE) to assess your impairment, and you're wondering if you can refuse to participate? That's exactly what we'll explore here, focusing on Florida law, your rights, and why having a private attorney is crucial.

 

As an experienced criminal defense lawyer in Florida, I've seen firsthand how DRE evaluations can sometimes lead to wrongful DUI arrests. The good news is that you do have rights, and one of those rights is challenging the DRE process if it was conducted improperly. Let me walk you through what DREs do, whether you can refuse their examination, and why it's essential to have a lawyer by your side if you find yourself in this situation.

What Is a Drug Recognition Expert (DRE)?

A Drug Recognition Expert (DRE) is a law enforcement officer trained to identify impairment caused by drugs, including prescription medications, over-the-counter drugs, and illegal substances. The DRE program, developed by the National Highway Traffic Safety Administration (NHTSA), is recognized across the U.S. and in Florida.

If you're suspected of driving under the influence of drugs, the police may call in a DRE to evaluate your condition. This evaluation involves a series of tests designed to identify signs of drug impairment, including:

  1. Eye exams to check for signs of drug use
  2. Physical coordination tests (similar to field sobriety tests)
  3. Checking your pulse, blood pressure, and body temperature
  4. Looking for needle marks or other signs of drug use
  5. Questioning you about your medical history or recent drug use

The process sounds thorough, but here's the key point: a DRE's opinion is subjective. They aren't medical professionals; they're officers trained to identify signs of impairment based on certain physical symptoms. This is where things can get tricky, because their conclusions are not always accurate or legally justified.

Can You Refuse to Be Examined by a DRE in Florida?

In Florida, the short answer is yes, you can refuse to submit to an examination by a Drug Recognition Expert. However, there are some important factors to consider about the consequences of refusal, and that's where the law gets more complex.

Florida Statutes § 316.1932(1)(a) requires you to submit to a breath, blood, or urine test if law enforcement has probable cause that you were driving under the influence. However, this statute doesn't explicitly require you to submit to a DRE evaluation. In other words, while Florida's implied consent law applies to chemical tests (breath, blood, and urine), it doesn't automatically extend to the DRE evaluation.

Still, refusing to participate in a DRE evaluation can have consequences. While refusing a DRE evaluation does not directly violate the implied consent law, it may lead law enforcement to interpret your refusal as an indication of impairment. Furthermore, if the case goes to court, the refusal can be used by the prosecution to argue that you were hiding something. This is why having an experienced attorney to guide you is essential. A skilled attorney can help you understand your options and how best to handle these situations.

What Are the Consequences of Refusing a DRE Examination?

If you refuse to submit to a DRE evaluation, the law enforcement officer may interpret it as suspicious behavior or even as evidence of impairment. While refusal to cooperate with a DRE is not a criminal act, it could be used to support a DUI charge, especially if other evidence (such as erratic driving behavior, field sobriety test failure, or a failed breath test) exists.

Here's how the law works:

  • Refusal of a Breath Test: Florida's implied consent law does not directly apply to DRE evaluations, but refusing a breath, blood, or urine test can result in penalties like automatic license suspension and other administrative consequences under § 316.1932.
  • Refusal of DRE: While it may not come with immediate administrative penalties like refusing chemical tests, it can be an additional piece of evidence that the prosecutor may use against you in court.

While refusal doesn't automatically mean a conviction, it adds an extra layer of difficulty for your defense. That's why contacting a criminal defense attorney as soon as possible is important. With legal guidance, you can take steps to challenge the evidence and ensure that your rights are protected.

Defenses to DRE Evaluations in DUI Cases

If you are subjected to a DRE evaluation and arrested for DUI based on the results, several defenses may apply to your case. These defenses can help challenge the conclusions drawn by the DRE or the validity of the arrest itself.

1. Improper Administration of the DRE Evaluation

The DRE process requires strict protocols. If the officer did not follow the proper procedure or made errors during the evaluation, this can form a strong defense. Some errors may include:

  • Failure to conduct a full medical screening before administering the evaluation.
  • Incorrect use of the eye exam or physical tests.
  • Not considering medical conditions that may mimic impairment (such as diabetes or fatigue).

2. Lack of Probable Cause

In Florida, a police officer must have probable cause to initiate a DUI investigation, including calling in a DRE. If the officer did not have sufficient evidence to suspect impairment before calling in the DRE, this can be used to challenge the validity of the DRE's involvement in your case.

3. Unreliable Test Results or Subjectivity

Since DRE evaluations are based on subjective observations, a skilled defense attorney can challenge whether the DRE's opinion was reliable. For example, certain signs of impairment, like sluggish pupils or elevated pulse, can be caused by factors unrelated to drug impairment, such as stress, medical conditions, or other environmental influences.

4. Inconsistent or Incomplete Toxicology Results

A toxicology report, such as blood or urine tests, can confirm whether you were actually under the influence of drugs. If those tests come back negative or show only trace amounts of drugs that would not impair driving, this can cast doubt on the DRE's opinion and weaken the prosecution's case.

A Real-Life Example: How I Won a DRE Case

I once represented a client who was arrested after a DRE evaluation. The client had been pulled over for swerving, but their breath test came back negative—0.000 BAC. The police officer, however, called in a DRE, who concluded that my client was impaired by marijuana. The DRE pointed to the client's dilated pupils and sluggish reaction times as signs of impairment.

But after reviewing the case, I found several issues:

  • The DRE did not conduct a full medical history review, which was a clear procedural violation.
  • My client was on prescribed medication for a back injury, which can sometimes mimic signs of impairment.
  • The toxicology report came back with no traces of marijuana in the system, though it did show prescribed medications, none of which would impair driving.

I filed a motion to suppress the DRE's testimony, arguing that it was based on incomplete information and improper procedure. The judge agreed, and the case was dismissed. This is just one example of how an experienced defense lawyer can challenge a DRE evaluation and turn a case in the client's favor.

Why You Need a Private Criminal Defense Lawyer

A DRE evaluation is just one piece of a DUI case, but it can carry a lot of weight. DREs are not medical professionals, and their training doesn't always account for variables like medical conditions or prescription medications that can cause symptoms mimicking impairment. This makes their evaluations highly subjective—and sometimes unreliable.

When you hire a private criminal defense attorney, you are not just getting someone to handle the paperwork. You're getting someone who:

  • Examines every detail of the DRE evaluation to look for mistakes, improper procedure, or inconsistencies.
  • Investigates medical history and other factors that might explain the symptoms.
  • Works with toxicologists to examine the validity of any chemical testing.
  • Challenges the DRE's conclusions through cross-examination and motions to suppress evidence.

Your future is too important to leave it to chance. If you've been subjected to a DRE evaluation or are facing DUI charges, you need a defense lawyer who understands the ins and outs of these cases and knows how to protect your rights.

If you've been arrested for DUI based on a Drug Recognition Expert's evaluation or any other reason, it's time to speak to a criminal defense attorney. Don't let the DRE's conclusions define your future.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs About Drug Recognition Expert (DRE) Evaluations in Florida DUI Cases

Can I refuse to participate in a DRE evaluation in Florida?

Yes, you can refuse a DRE evaluation. While this might create suspicion, it's important to know that there are no immediate legal penalties for refusing a DRE examination in Florida. However, the prosecution may use your refusal to argue that you were trying to hide impairment, which is why having a lawyer to guide you through these situations is critical.

What happens if I refuse the blood or urine test after a DRE evaluation?

Refusing a breath, blood, or urine test can lead to automatic penalties under Florida's implied consent law, such as a license suspension. However, refusing a DRE evaluation itself will not trigger the same immediate penalties. Still, a refusal could be used as evidence of guilt in a DUI case.

How accurate are DRE evaluations?

DRE evaluations are not foolproof. They are based on subjective observations, and many factors (such as medical conditions or stress) can cause symptoms that resemble drug impairment. This is why it's essential to challenge the evaluation in court. I've seen cases where the DRE's conclusions were successfully disputed due to flaws in the evaluation process.

Can a DRE's opinion be challenged in court?

Yes, a DRE's opinion can be challenged in court. A skilled attorney will look at whether the DRE followed proper procedures, whether they took your medical history into account, and whether their findings were consistent with your toxicology results. If there are discrepancies or errors, it can lead to the exclusion of the DRE's testimony and a favorable outcome for you.

What should I do if I'm asked to participate in a DRE evaluation?

If you are asked to participate in a DRE evaluation, you can politely decline. However, it's important to remember that other evidence may still be used to build a DUI case against you, so you should contact an attorney immediately to discuss your options. A lawyer can help you understand how to protect your rights and ensure that your case is handled appropriately.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you've been arrested for DUI based on a Drug Recognition Expert's evaluation or any other reason, it's time to speak to a criminal defense attorney. Don't let the DRE's conclusions define your future.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.