Imagine this scenario: You are pulled over late at night. The officer suspects you are impaired and asks you to step out of the car. You agree to take a breathalyzer test, confident you will pass because you haven’t had a drop of alcohol. You blow a 0.00. You expect to be sent on your way, but instead, the officer arrests you for an OVI and calls in a “Drug Recognition Expert.”
With the rise of legalized marijuana and the prevalence of prescription medications, law enforcement agencies across Ohio are increasingly relying on Drug Recognition Experts (DREs) to secure OVI convictions when alcohol is not a factor.
At Gounaris Abboud, LPA, we know how terrifying it is to be accused of a crime based on a police officer’s subjective opinion of your physical state. If you are facing a drugged driving charge based on DRE testimony, you need to understand that this “expert” evidence is far from bulletproof.
What is a Drug Recognition Expert?
A Drug Recognition Expert is not a medical doctor, a toxicologist, or a scientist. A DRE is simply a police officer who has completed a specialized training course (typically 72 hours) designed by the National Highway Traffic Safety Administration (NHTSA).
The goal of a DRE is to determine if a driver is impaired, rule out medical conditions, and identify which of the seven broad categories of drugs (such as CNS depressants, stimulants, or cannabis) is causing the impairment.
To do this, the DRE performs a 12-step evaluation. This protocol includes taking the driver’s pulse and blood pressure, examining their pupils in different lighting conditions, checking for injection marks, and conducting a standard interview. At the end of the 12 steps, the officer writes a report stating their “expert” opinion on what drug the driver is under the influence of.
The Flaws in the DRE Protocol
When a prosecutor presents a DRE in court, they want the jury to view the officer as a highly trained medical authority whose conclusions are scientifically absolute. As experienced Dayton OVI defense attorneys, our job is to pull back the curtain and expose the flaws in the DRE protocol.
The reality is that the DRE process is highly subjective and prone to confirmation bias. Consider these common vulnerabilities:
•Medical Mimicry: Many of the physical signs DREs look for—such as an elevated heart rate, high blood pressure, or dilated pupils—are identical to the body’s natural response to stress and anxiety. Being arrested and interrogated on the side of the road is an inherently terrifying experience. A DRE often mistakes a normal adrenaline rush for drug impairment.
•Lack of Medical Training: Officers are trained to rule out medical conditions, but they are not doctors. They frequently misinterpret symptoms of fatigue, allergies, neurological issues, or minor illnesses as signs of drug use.
•Confirmation Bias: By the time a DRE is called to the scene or the station, the arresting officer has already decided the driver is impaired. The DRE is entering the evaluation with a preconceived notion of guilt, making them more likely to interpret ambiguous physical signs as proof of drug use.
How We Dismantle DRE Testimony in Court
Defending a drugged driving OVI requires an aggressive, highly technical approach. We do not just accept the DRE’s report; we put the officer’s training and methodology on trial.
We cross-examine the DRE to expose their lack of formal medical education. We demand the logs of their previous evaluations to see how often their “expert” opinions have been contradicted by subsequent blood or urine toxicology reports. If the DRE skipped any of the mandatory 12 steps or performed them out of order, we can file motions to have their testimony thrown out entirely.
Furthermore, even if a blood or urine test later shows the presence of a drug (like marijuana metabolites), we argue that presence does not equal impairment. Many drugs remain in the human body for days or weeks after the intoxicating effects have worn off.
Frequently Asked Questions
What is a Drug Recognition Expert (DRE) in Ohio?
A DRE is a police officer who has completed specialized training to identify drivers who are allegedly impaired by drugs rather than alcohol. They use a 12-step evaluation process to form an opinion on what category of drug the driver has consumed.
Can I be convicted of an OVI if my breathalyzer was 0.00?
Yes. If an officer suspects you are impaired by marijuana, prescription medication, or illegal narcotics, they can charge you with an OVI even if there is no alcohol in your system. This is where DRE testimony is often used.
Is the DRE 12-step evaluation scientifically proven?
Many medical professionals and defense attorneys argue that the DRE protocol is flawed. It relies heavily on subjective observations by police officers, not medical doctors, making it highly vulnerable to cross-examination in court.
Contact Our Ohio Drugged Driving Defense Lawyers
Do not let the title of “expert” intimidate you into pleading guilty. DRE testimony is based on subjective observations that can, and should, be challenged in court. The defense team at Gounaris Abboud, LPA has the technical knowledge and courtroom experience to fight drugged driving charges and protect your future.
If you have been charged with an OVI involving drugs, contact us today for a free case evaluation, or return to our homepage to learn more about our defense strategies.