Drug Recognition Experts (DREs)

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  1. Introduction
  2. “Vehicle” and “Motor Vehicle”
  3. “Drive”
  4. “Drugs”
  5. “Legal Limit”
  6. Open Container
  7. Driving Under the Influence (DUI)
  8. Driving Under the Influence Per Se (“DUI Per Se”)
  9. Driving While Ability Impaired (DWAI)
  10. Second and Subsequent Offenses
  11. Underage Drinking and Driving (“UDD” or “Baby DUI”)
  12. Strict Liability
  13. Juveniles and Minors
  14. Evidence of Impairment
  15. Standardized Field Sobriety Tests (SFSTs)
  16. Drug Recognition Experts (DREs)
  17. Expressed Consent
  18. Breath Tests
  19. Blood Tests
  20. Prima Facie Case Requirement
  21. Preparing for Trial
  22. Voir Dire
  23. Expert Testimony
  24. Proving Chain of Custody
  25. Double-Refusals

Drug Recognition Experts are specially trained and certified law enforcement officers who can be used to help identify categories of drugs contributing to a suspect’s impairment. Although they are often consulted by law enforcement as part of an initial arrest, they can also be useful experts for you to consult prior to a trial and to testify at trial.

Video of DRE training

For more information about DREs:

      1. NHTSA’s DRE Participant Manual
      2. DRE Overview
      3. DRE 12-Step Refresher
      4. International Association of Chiefs Police/National Highway Traffic Safety Administration Drug Evaluation and Classification Program.

If a DRE was consulted by law enforcement in your case, you should see a formal DRE report, which should be called a Drug Influence Evaluation (“DIE”). Carefully review that report in deciding whether and how to proceed with the case. Be sure to “endorse” them as an expert and discover their report and all materials to the defense prior to trial.

Even if a DRE was not consulted by law enforcement as part of the initial arrest, consider consulting and using a DRE in your drug-related impaired-driving cases, especially when your evidence isn’t as strong as you’d like. Their testimony tends to be well-regarded by juries, and they are required to do evaluations and reports as part of maintaining their DRE certifications.

Resources

CDAC Videos

DREs: What Prosecutor’s Need to Know

Drugged Driving Video Series

Colorado Resources

DRE Toolkit

Prosecutor Worksheet Page 1

Prosecutor Worksheet Page 2

DRE Direct Examination Outline