What Happens if the DRE Was Never Actually Certified in Florida?

When a Drug Recognition Expert (DRE) Isn’t Certified, You Have an Opportunity to Challenge the Case — Here’s How

If you’ve been arrested for DUI based on the testimony of a Drug Recognition Expert (DRE), and it turns out that expert was never actually certified, you could have a strong defense on your hands. It’s a situation that doesn’t happen as often as it should, but it’s one I’ve seen firsthand — and one that can completely derail the prosecution’s case against you. In this article, I’ll walk you through how DRE certification works, the legal implications of an unqualified expert, and what defenses may apply to your case. I’ll also share a real-life example of how I successfully handled a case where a DRE wasn’t properly certified.

What Is a Drug Recognition Expert (DRE)?

A Drug Recognition Expert (DRE) is a law enforcement officer who has undergone special training to determine whether a driver is impaired by drugs rather than alcohol. Florida law allows officers to rely on DRE evaluations when someone is suspected of being under the influence of drugs — but not alcohol — during a DUI stop. The DRE evaluation is a 12-step process that includes field sobriety tests, medical evaluations, and other observations to determine if a person is impaired and which type of drug might be involved.

The DRE’s role is important because Florida law requires DUI charges to be based on impairment, not just the presence of drugs in a person’s system. When you’re arrested for DUI based on the opinion of a DRE, their testimony can be pivotal in whether the state can prove their case against you.

But what happens if that DRE was never certified or wasn’t certified properly? That’s where things can get tricky — and why it’s so important to have a private criminal defense lawyer like me on your side.

Florida Statutes and DRE Certification

Florida law outlines the use of DREs and what is required for an officer to be considered qualified to perform these evaluations.

Under Florida Statutes § 316.193(1), a person can be charged with DUI if they are under the influence of alcohol or drugs and their ability to operate a vehicle is impaired. But § 316.1933 gives law enforcement the ability to use a DRE when they suspect drug impairment.

DRE Certification Requirements: According to the National Highway Traffic Safety Administration (NHTSA) and state standards, DREs must undergo an extensive certification program that includes training on identifying symptoms of drug impairment, conducting a medical examination, and interpreting toxicology results. This certification ensures that the officer has the proper knowledge and skills to perform these evaluations accurately.
Florida Statutes § 316.1933 specifically refers to drug impairment and the use of trained DREs during a DUI investigation. If an officer conducts a DRE evaluation but is not properly certified, it raises significant legal concerns about the accuracy and reliability of the officer’s testimony.

Here’s the key statute text:

§ 316.1933(1):
"A law enforcement officer trained as a Drug Recognition Expert (DRE) is authorized to conduct a full evaluation of a suspect to determine whether the person is under the influence of a controlled substance..."

If the officer was not properly trained or certified, the legal basis for using their evaluation as evidence in court weakens dramatically.

What Happens If the DRE Was Never Certified?

If the DRE who conducted the evaluation of your DUI case wasn’t actually certified, this could be a fatal flaw in the prosecution’s case. Florida law requires proper certification, and without it, the DRE’s testimony becomes unreliable. Here are a few things that may happen:

Motion to Suppress Evidence: As your attorney, I can file a motion to suppress the evidence obtained from the DRE evaluation. If the court determines that the officer was unqualified to conduct the evaluation, the judge may rule that any evidence gathered during the process cannot be used in your trial. This is crucial because the DRE’s evaluation is often central to the state’s case.
Credibility Challenges: Even if the DRE’s evaluation isn’t entirely thrown out, a lack of certification can severely damage the officer’s credibility on the stand. I can cross-examine the officer about their training and certification — or lack thereof — to show the jury that the expert witness is not qualified to make conclusions about drug impairment.
Case Dismissal or Reduction of Charges: If we successfully challenge the DRE’s evaluation, it may lead to the case being dismissed or the charges being reduced. This is especially true if the only evidence of impairment is the DRE’s testimony.
Impact on Other Evidence: If the DRE evaluation is invalidated, the rest of the evidence in the case may also be in question. For example, if no blood, urine, or breath test was taken or the results are inconclusive, the DRE’s testimony becomes even more important to the prosecution. Without it, the state may struggle to prove their case.

Real-Life Case Example: A DRE Certification Issue

I had a case where a client was arrested after being stopped for suspicion of driving under the influence of prescription medication. The officer called in a DRE, who performed the standard evaluation and concluded that my client was impaired by a CNS stimulant. However, when I reviewed the officer’s certification records, I discovered that the DRE had not completed the required annual recertification courses for two years.

As a result, I filed a motion to exclude the DRE’s testimony based on the lack of proper certification. I argued that the officer was not authorized to conduct the evaluation and that their conclusions could not be relied upon. After several hearings and a challenge to the validity of the DRE’s opinion, the prosecutor dropped the DUI charges.

This case was a perfect example of why having a lawyer who knows the law inside and out makes all the difference. Without the DRE testimony, the prosecution didn’t have enough evidence to continue with the case, and my client walked away with no charges.

What Defenses May Apply?

If the DRE was unqualified or improperly certified, here are some of the defenses that may apply:

Lack of Certification: As we’ve discussed, if the DRE was not properly certified, this is a strong argument for invalidating the evaluation. The officer’s opinion cannot be taken as expert testimony if they weren’t qualified in the first place.
Violation of Your Rights: If the officer didn’t follow proper protocol during the evaluation, such as failing to explain their actions or failing to follow legal procedures, it may be a violation of your constitutional rights. In this case, we could argue that the arrest or evaluation was unlawful and that the evidence should be thrown out.
No Evidence of Impairment: Even if the DRE evaluation stands, we can argue that the officer failed to prove that you were impaired. Just because a person may show signs of impairment doesn’t mean they were unable to drive. For example, fatigue, medical conditions, or anxiety may mimic signs of impairment, but they aren’t legally the same.
Challenge the DRE's Findings: Even if the DRE was properly certified, we can still challenge the conclusions they made. Perhaps they didn’t consider your medical condition or other factors that could explain your symptoms. It’s not uncommon for DREs to make mistakes, and we can cross-examine them to point out those errors.

Why You Need a Private Attorney

When it comes to challenging the credibility of a Drug Recognition Expert, a public defender may not have the time or resources to properly investigate their certification or qualifications. A private criminal defense attorney, on the other hand, has the ability to dig deep into every detail of your case. I personally review all certifications, training records, and video footage to ensure your rights are fully protected.

DRE evaluations can be powerful, but they can also be deeply flawed. With the right defense, those flaws can be exposed, and your case can be weakened or dismissed. Hiring a private attorney early gives you the best chance at fighting back and winning.

If your DUI case involves a Drug Recognition Expert who was never properly certified, don’t leave your future to chance. Contact us today, and we’ll fight 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 About DRE Certification Issues in Florida DUI Cases

What is a Drug Recognition Expert (DRE) in Florida DUI cases?
A DRE is an officer trained to evaluate drivers suspected of being under the influence of drugs, not alcohol. The DRE conducts a 12-step evaluation that includes medical tests and observations to determine whether impairment is present and what drug may be involved.

What happens if the DRE wasn’t certified?
If the DRE wasn’t certified, their testimony and evaluation may be excluded from the case. This is a strong defense against DUI charges because the prosecution’s case may be based entirely on that evaluation.

Can a DRE’s opinion be used without proper certification?
No. If the DRE wasn’t certified according to Florida law and regulations, their opinion is not considered reliable expert testimony. This opens up a strong defense strategy to challenge the evidence in your case.

What are the consequences of a DRE’s unqualified testimony?
If the DRE’s testimony is ruled inadmissible due to lack of certification, the prosecution may have no evidence to prove impairment, which could result in the dismissal of the case or a reduction in charges.

What should I do if I’ve been arrested based on a DRE evaluation?
If you’ve been arrested after a DRE evaluation, it’s crucial to contact an experienced DUI attorney who can investigate the qualifications of the DRE, review your case in detail, and look for opportunities to have the charges reduced or dismissed.

How can a private attorney help in these cases?
A private attorney will have the time, resources, and expertise to thoroughly investigate the DRE’s credentials, analyze the arrest procedure, challenge evidence, and develop a solid defense strategy that may lead to the dismissal of your charges.

Can the DRE’s conclusions be challenged in court?
Yes. Even if the DRE was certified, their conclusions can be challenged. A skilled defense attorney can cross-examine the DRE to point out inconsistencies, errors, or bias in their evaluation.

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

If your DUI case involves a Drug Recognition Expert who was never properly certified, don’t leave your future to chance. Contact us today, and we’ll fight to protect your rights.If your DUI case involves a Drug Recognition Expert who was never properly certified, don’t leave your future to chance. Contact us today, and we’ll fight to protect your rights.

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