What You Need to Know About Your Rights, the Law, and Why You Should Have a Private Attorney if a DRE is Involved in Your DUI Case

When you're pulled over in Florida and suspected of driving under the influence (DUI), you're probably familiar with the breathalyzer test used to detect alcohol. However, if the officer suspects you're impaired by drugs instead of alcohol, things can get more complicated. This is when a Drug Recognition Expert (DRE) may be called in to evaluate your condition.

You might wonder: Can I refuse to be examined by a Drug Recognition Expert? The short answer is yes, but there are important nuances to understand. Let me walk you through the process, the law, your rights, and why having an experienced private attorney in your corner is critical.

What is a Drug Recognition Expert (DRE)?

A Drug Recognition Expert is a law enforcement officer trained to identify impairment caused by drugs rather than alcohol. These experts follow a specific protocol to evaluate suspected drug-impaired drivers. The process includes a series of physical and mental tests to determine if someone is under the influence of illegal drugs, prescription medications, or over-the-counter drugs that impair their ability to drive.

The DRE is typically called after an initial evaluation by the arresting officer. If there is no clear indication of alcohol consumption, but the officer still suspects impairment, a DRE may perform a detailed evaluation that includes:

  1. Observation of the suspect's physical appearance and behavior.
  2. A series of field tests similar to those performed during a DUI stop.
  3. Medical examinations like checking vital signs and pupil size.
  4. Chemical tests, such as blood or urine, to confirm the presence of drugs.

Florida Statutes and DRE Evaluations

Florida law allows police officers to request a DRE evaluation as part of a DUI investigation. Florida Statutes § 316.193 defines DUI, and Florida Statutes § 316.1933 outlines the procedures for requesting a blood or urine test when impairment by drugs is suspected. However, there are limits to what the police can force you to do during this process.

Under Florida Statutes § 316.1932, you are required to submit to a chemical test (blood, breath, or urine) if you are arrested for DUI. However, you have the right to refuse a breathalyzer test and a blood or urine test without facing additional penalties, except for the automatic suspension of your driver's license. The refusal of a DRE evaluation is a bit more nuanced, as there are circumstances where it is mandatory for you to cooperate.

Can You Refuse a DRE Evaluation?

In general, you can refuse to be examined by a DRE. However, refusal may lead to negative consequences. Let's break this down:

  • Refusal to cooperate with a DRE examination may result in further suspicion and may influence how the arresting officers interpret your case. While you're not legally required to submit to this evaluation, refusing may make it appear as if you're hiding something which could impact the officer's report and the prosecution's argument.
  • DUI arrest and implied consent laws: Under Florida's implied consent law, while you have the right to refuse a breathalyzer test, refusing a blood or urine test can trigger automatic consequences like a suspended license for up to one year.
  • The risk of stronger charges: If you refuse a DRE examination, the officer may still arrest you based on other signs of impairment. Additionally, refusal could strengthen the prosecution's case by arguing that your refusal is indicative of guilt, despite not having any chemical proof of impairment.

The Importance of a Private Criminal Defense Attorney

Whether or not you refuse to submit to a DRE evaluation, you need a skilled private attorney to ensure your rights are protected and to help navigate the complexities of the legal system. An experienced attorney will:

  • Challenge the DRE evaluation process: These tests are not foolproof, and there are plenty of opportunities to attack the credibility and accuracy of a DRE's assessment. A private attorney can investigate the qualifications of the DRE, ensure that the test was performed properly, and challenge the conclusions based on your medical history or the circumstances surrounding the stop.
  • Identify weaknesses in the case: There are several defense strategies that could result in a dismissal or reduction of charges. For instance, if your evaluation was biased, improperly conducted, or the officer failed to follow protocol, an attorney can point out these flaws.
  • Protect you from overzealous prosecutors: Prosecutors might rely heavily on DRE evaluations as "expert" testimony in court, but these evaluations are still based on subjective observations. A private lawyer will make sure to question these "expert" opinions thoroughly in court, which is essential for your defense.

Real-Life Example: A Case I Won

I recently represented a client who was arrested for DUI after being evaluated by a DRE. The arresting officer initially pulled my client over for a minor traffic violation and noted that my client appeared to be "impaired" based on slurred speech and slow movements. Despite the officer having no clear signs of alcohol consumption, a DRE was called in.

During the evaluation, the DRE concluded that my client was impaired by prescription medication. However, after reviewing the facts, I found several holes in the DRE's testimony:

  • The DRE failed to properly consider my client's medical history, which explained their symptoms (such as sluggishness) due to a recent illness.
  • The field tests were not conducted in a controlled manner and were influenced by my client's physical condition, unrelated to impairment.
  • The toxicology report came back with no significant traces of controlled substances that would have impaired driving.

I argued that the DRE's conclusions were based on assumptions and incomplete data. Ultimately, the court dismissed the case due to the lack of valid evidence of impairment.

Defenses to DUI Based on a DRE Evaluation

If you've been arrested for DUI based on a DRE evaluation, there are several defenses that might apply, including:

  • Improper DRE procedures: If the DRE failed to follow the proper steps or missed important steps during the evaluation, their conclusions can be questioned.
  • Medical conditions or medications: Conditions such as diabetes, fatigue, or prescribed medication can mimic signs of impairment. A skilled lawyer can introduce evidence of your medical history to explain why you showed signs of impairment.
  • Lack of impairment: Just because a DRE concludes you were impaired doesn't mean the evidence supports that. If you weren't impaired, we can argue that the symptoms observed by the DRE had an innocent explanation.
  • Refusal of DRE examination: While refusal to participate in a DRE examination can hurt your case in some ways, it can also limit the prosecutor's evidence. If the state's case depends on DRE testimony and that testimony is weak or invalid, we can push for a dismissal.

Why You Should Hire a Private Attorney

DRE evaluations are complex and rely heavily on the interpretation of the officer. Having an experienced private criminal defense attorney is crucial because:

  • DRE testimony can be challenged: A private attorney will know how to dissect the officer's qualifications, training, and the evaluation process.
  • Medical knowledge matters: Lawyers who understand how medical conditions can mimic impairment are invaluable. I often work with medical professionals to cross-check a client's condition and how it may have influenced their evaluation.
  • Defending you properly requires time and attention: Public defenders are overworked, and while they're doing their best, they often lack the time to properly defend you in a case that involves subjective expert testimony. I dedicate the time to research, investigate, and create a solid defense for you.

If you've been arrested after being evaluated by a Drug Recognition Expert, don't wait to defend yourself. Your future is on the line, and having a skilled lawyer on your side is the best way to protect your rights.

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 – Drug Recognition Expert (DRE) Evaluations and Your Rights

What is a Drug Recognition Expert (DRE)?

A DRE is a law enforcement officer trained to identify impairment from drugs, not alcohol. They use a 12-step process to evaluate drivers suspected of being under the influence of drugs.

Can I refuse to be examined by a DRE?

Yes, you can refuse a DRE evaluation in Florida, but refusing may lead to the officer assuming you are hiding impairment, which could negatively affect your case.

What happens if I refuse to take a DRE test?

If you refuse, the officer may still arrest you based on other evidence of impairment, like the initial traffic stop, your behavior, or other indicators. However, refusing the DRE examination might limit the evidence the prosecution can use in court.

Are DRE evaluations reliable?

While DRE evaluations follow a standardized procedure, they are still based on subjective assessments. They can be challenged by a defense attorney if they are not properly executed or if there's a legitimate explanation for the symptoms observed.

Can a private attorney challenge DRE testimony?

Absolutely. A private attorney can scrutinize the DRE's training, methodology, and conclusions. If the DRE's process was flawed or the conclusions were based on faulty assumptions, an attorney can work to have the evidence excluded or reduce charges.

What if I wasn't impaired, but the DRE said I was?

If the DRE concluded you were impaired despite there being no evidence of impairment, an attorney can challenge the DRE's conclusions and argue that there was an innocent explanation for your behavior.

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

If you've been arrested after being evaluated by a Drug Recognition Expert, don't wait to defend yourself. Your future is on the line, and having a skilled lawyer on your side is the best way to protect your rights.

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.