Understanding DREs in Florida DUI Cases and Why You Need a Private Attorney to Challenge Their Findings
If you've been arrested for driving under the influence of drugs in Florida, you may have heard the term Drug Recognition Expert (DRE) thrown around. If you don't know exactly what a DRE is or what they do, you're not alone. I've handled many cases where a person's future hung on the opinions of a DRE. These professionals are specially trained to evaluate whether a driver is impaired by drugs — not alcohol — and their findings are often used as a key piece of evidence in DUI cases.
I'll now break down exactly what a Drug Recognition Expert is, how they evaluate impairment, and the weaknesses in their process. I'll also explain the Florida laws that come into play when it comes to DREs, and why you absolutely need an experienced criminal defense attorney if you're facing DUI drug charges. I'll also provide you with a real-life example of how I successfully defended a client facing a DUI drug charge based on a DRE evaluation. Let's get started.
What Is a Drug Recognition Expert (DRE)?
A Drug Recognition Expert (DRE) is a police officer who has undergone specialized training to identify whether a person is under the influence of drugs while driving. DREs are trained to detect impairment caused by a wide variety of drugs, including prescription medications, illegal drugs, and over-the-counter medications.
DREs follow a 12-step evaluation process when they believe someone is impaired by drugs. This process includes everything from eye exams to taking vital signs, and it ends with a final opinion about whether the person is impaired and what type of drugs might be involved.
Florida Statutes § 316.193(1) gives law enforcement the authority to arrest someone if they are under the influence of any intoxicating substance, including drugs, and their normal faculties are impaired. This is true whether the substance is legal or illegal.
Under § 316.1933(1)(a), police officers can also request blood or urine tests to confirm drug use. But, when it comes to the officer's initial evaluation, it's often a DRE's judgment that becomes a critical piece of the case.
How Does a DRE Evaluate Impairment?
The DRE follows a standardized 12-step process when they believe a driver may be impaired by drugs. This is a key part of the DUI investigation in Florida, especially when alcohol isn't involved. Here's an overview of the process:
- Breath Alcohol Test – The DRE first ensures that the driver isn't under the influence of alcohol. A breath test is performed.
- Interview of the Arresting Officer – The DRE talks to the arresting officer to learn about their observations. The purpose is to gather additional context about the person's behavior and why they were stopped.
- Preliminary Examination – This includes checking for any medical conditions that might mimic impairment, such as anxiety or fatigue.
- Eye Examinations – The DRE checks for signs of nystagmus (involuntary eye movements), which can be an indicator of impairment by certain drugs.
- Divided Attention Tests – These are similar to field sobriety tests. The person is asked to perform tasks like walking in a straight line or standing on one leg, which require both physical coordination and mental focus.
- Vital Signs – Pulse, blood pressure, and body temperature are recorded. These signs can indicate the presence of certain drugs in the system.
- Dark Room Examination – The DRE will check the size of the driver's pupils under different lighting conditions. This can provide clues about certain drugs, like opiates or stimulants.
- Muscle Tone – The DRE looks for rigid muscles or any other abnormal physical signs that might suggest impairment.
- Injection Sites – DREs examine arms or other parts of the body for needle marks or signs of drug injection.
- Suspect Statements – The DRE interviews the suspect to ask about their recent drug use, medical history, and other relevant factors.
- Forming an Opinion – Based on all the observations, the DRE makes a final assessment on whether the person is impaired and which category of drugs may be involved (stimulants, narcotics, hallucinogens, etc.).
- Toxicological Sample – Finally, a sample of blood or urine may be taken to confirm the presence of specific substances.
Florida Statutes and DREs
Florida law § 316.193 is the statute that addresses driving under the influence, including drugged driving. The statute specifically allows an arrest if an officer believes a driver is impaired, even without alcohol being present in their system. This opens the door for DREs to play a significant role in DUI cases when drugs are suspected.
Florida Statutes § 316.193(1): Driving Under the Influence of Alcohol or Drugs
"A person is guilty of the offense of driving under the influence... if the person is driving or in actual physical control of a vehicle within this state, and is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired."
This statute is critical in understanding how DUI drug charges are framed. DREs assess impairment using a set of observations that fit within the criteria of "normal faculties." If the DRE concludes that a person's ability to drive was impaired by drugs, it can lead to DUI charges even if no alcohol is involved.
Florida Statutes § 316.1933(1)(a): Chemical Testing for Drugs
"If a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcohol or a chemical or controlled substance has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person driving or in actual physical control of the motor vehicle to submit to a test of the person's blood."
This statute allows officers to demand blood tests after an accident if they believe drugs are involved.
Common Defenses Against DRE Evaluations
When facing DUI drug charges based on a DRE's opinion, it's essential to challenge the subjectivity and potential bias that are inherent in the process. Some common defenses I use include:
- Medical Conditions – Certain medical conditions, like anxiety, fatigue, or eye problems, can mimic the signs of drug impairment. I often consult medical professionals to challenge a DRE's conclusions.
- Improper Training – Not all DREs are properly trained or certified. If the officer conducting the evaluation was not properly certified, it can severely undermine the validity of their opinion.
- Inaccurate Observations – The DRE's opinions are based on observations. If those observations were inaccurate or biased, I can challenge the validity of the evaluation. For example, if a driver was nervous or fatigued, the DRE might incorrectly interpret that as impairment.
- Lack of Toxicology Evidence – In many cases, the toxicology tests may not support the DRE's findings. If the tests show no drugs or low levels of drugs that would not impair a driver, I can challenge the DRE's conclusion.
- Constitutional Violations – If the blood or urine test was conducted without proper consent or without a valid warrant, it may violate the Fourth Amendment, which protects against unreasonable searches and seizures.
Real-Life Example: How I Won a DRE-Based DUI Case
I recently worked on a case where my client was pulled over for minor traffic violations. The officer believed my client was under the influence of drugs but did not see any signs of alcohol impairment. A DRE was called in, who conducted the standard evaluation. The DRE concluded that my client was impaired by a stimulant, specifically cocaine.
The DRE's findings seemed solid—until we reviewed the medical records. My client had a medical condition that caused a high pulse rate, and the DRE did not account for this. We also found that my client had been prescribed medication for a legitimate medical condition that could have caused some of the symptoms the DRE interpreted as impairment.
In court, I presented the medical evidence, and after cross-examining the DRE about their failure to account for medical factors, the judge dismissed the case. The evidence simply didn't support the charge of DUI. This is a perfect example of why a private lawyer is critical—especially when the case hinges on a DRE's subjective evaluation.
Why You Need a Private Attorney for DRE DUI Cases
The DRE process is not foolproof. I've seen firsthand how subjective their opinions can be and how errors in their observations can affect the outcome of a case. If you're facing DUI charges based on a DRE evaluation, don't just settle for a public defender. A private attorney will:
- Scrutinize the DRE's training and experience to see if they were qualified.
- Examine your medical history to see if legitimate conditions were misinterpreted.
- Challenge the DRE's observations during cross-examination to expose weaknesses in their conclusions.
- Consult medical experts and toxicologists to support your case.
It's easy for a case to hinge on subjective opinions, but with the right defense, you can win.
If you've been charged with a DUI based on a Drug Recognition Expert's evaluation, you need a lawyer who knows how to fight back. Don't let an officer's opinion decide 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 – Drug Recognition Experts and DUI Cases in Florida
What is a Drug Recognition Expert (DRE)?
A Drug Recognition Expert (DRE) is a specially trained law enforcement officer who assesses whether a driver is impaired by drugs instead of alcohol. DREs use a 12-step evaluation process that includes physical tests, eye examinations, and medical assessments.
Can a DRE be wrong?
Yes, DRE evaluations are subjective. The officer's opinions can be influenced by bias or incomplete observations. Medical conditions and fatigue can also mimic drug impairment, which is why it's essential to challenge the DRE's findings.
Can I be arrested for DUI if I'm on prescription medication?
Yes, even if you're legally prescribed medication if a DRE concludes that your ability to drive is impaired, you can be arrested for DUI. Florida law doesn't differentiate between illegal and legal drugs—what matters is impairment.
How do I defend against a DUI charge based on a DRE evaluation?
We can challenge a DRE's evaluation by examining their qualifications, questioning the accuracy of their observations, reviewing medical conditions that could mimic impairment, and presenting toxicology evidence that contradicts their conclusions.
What happens if the DRE isn't properly certified?
If the DRE isn't properly certified, it can undermine the entire evaluation process. This is a strong defense point, as the evaluation may not be admissible in court.
How long do DUI drug cases take to resolve in Florida?
The timeline varies, but DUI drug cases can take several months to resolve, especially when expert witnesses and toxicology results are involved. Having an experienced attorney can help speed up the process by handling all legal motions and gathering evidence promptly.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
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.