Florida, like many states, takes a comprehensive approach to combating impaired driving, which includes addressing not only alcohol-related offenses but also those involving drugs. To effectively identify and prosecute individuals operating vehicles under the influence of drugs, Florida law enforcement agencies utilize Drug Recognition Experts (DREs). In this article, we will delve into the DRE evaluation process in Florida, its significance in impaired driving cases, and the legal framework governing it.
The Role of DREs in Florida
Drug Recognition Experts (DREs) are highly trained law enforcement officers who possess the expertise to recognize the signs and symptoms of drug impairment in drivers. The DRE program is a vital component of Florida's efforts to combat drugged driving, as it allows officers to detect and apprehend individuals who may pose a danger to themselves and others on the road.
DRE Training and Certification
In Florida, DREs undergo rigorous training that is nationally recognized and standardized. The program is endorsed by the National Highway Traffic Safety Administration (NHTSA) and is designed to ensure that DREs can accurately identify drug impairment in drivers. The training includes a combination of classroom instruction, practical exercises, and a comprehensive final exam. Only officers who successfully complete this training and meet stringent criteria can become certified DREs.
The DRE Evaluation Process
When a law enforcement officer suspects that a driver is impaired by drugs, they may call upon a DRE to conduct an evaluation. This evaluation typically takes place at the police station or a designated location and involves several key steps:
1. Preliminary Examination: The DRE conducts a preliminary examination to rule out alcohol impairment. If alcohol impairment is suspected, the officer may administer a breathalyzer test.
2. Interview and Observation: The DRE conducts a detailed interview with the suspect, gathering information about their drug use, medical history, and recent activities. During this interview, the DRE closely observes the suspect's behavior, appearance, and demeanor.
3. Standardized Field Sobriety Tests (SFSTs): Similar to DUI cases involving alcohol, the DRE may administer standardized field sobriety tests (SFSTs) to assess the suspect's physical coordination and cognitive abilities.
4. DRE 12-Step Evaluation: The core of the DRE evaluation involves a 12-step process that assesses the suspect's physical and mental condition, including vital signs, muscle tone, and pupil size. These steps help the DRE identify the category of drugs that may be impairing the suspect.
5. Toxicological Testing: While the DRE evaluation can provide valuable evidence of drug impairment, it is not definitive. To establish the presence of specific drugs, blood or urine testing may be conducted following the DRE evaluation.
The Legal Framework and Challenges
Florida law allows for the admission of DRE evaluations as evidence in impaired driving cases, and they can be highly persuasive in court. However, it is essential to recognize that DRE evaluations are not infallible, and there can be challenges in their use as evidence. Factors that can impact the validity of a DRE evaluation include the DRE's training and experience, the suspect's medical conditions, and the possibility of false positives.
Defenses Against DRE Evaluations as Evidence in Impaired Driving Cases
While DRE evaluations are a valuable tool for law enforcement in identifying drug impairment, there are various defenses that individuals facing impaired driving charges can employ when such evaluations are presented as evidence in court. These defenses aim to challenge the validity and reliability of the DRE evaluation and raise reasonable doubt about the accuracy of the assessment. Some common defenses include:
1. Lack of DRE Certification: If the DRE conducting the evaluation is not properly certified or fails to adhere to the established protocols during the evaluation, this can be grounds for challenging the evaluation's validity. It is essential for the defense to scrutinize the DRE's credentials and training records.
2. Medical Conditions: Certain medical conditions or medications can produce symptoms that may mimic drug impairment. A thorough review of the suspect's medical history and any medications they were taking at the time of the evaluation can be used to challenge the DRE's conclusions.
3. Inadequate Documentation: DRE evaluations require meticulous documentation of the process, including the suspect's statements, observations, and the results of the 12-step evaluation. Any inconsistencies or omissions in the documentation can be exploited by the defense to cast doubt on the reliability of the evaluation.
4. Lack of Corroborative Evidence: DRE evaluations are most effective when corroborated by toxicological testing, such as blood or urine analysis, which can identify the presence of specific drugs. If no such testing was conducted, or if the results do not align with the DRE's conclusions, the defense may question the accuracy of the evaluation.
5. Cross-Examination of the DRE: Skilled cross-examination of the DRE can reveal potential biases, errors, or uncertainties in the evaluation process. Effective questioning can undermine the DRE's credibility and highlight weaknesses in the assessment.
6. Challenging the Basis for the Stop: If the initial traffic stop that led to the DUI investigation was unlawful or lacked probable cause, any evidence gathered, including the DRE evaluation, may be suppressed. Challenging the legality of the stop can be an effective defense strategy.
7. Rising Blood Alcohol or Drug Levels: In some cases, a suspect's blood alcohol or drug levels may have been rising at the time of the DRE evaluation, leading to inaccurate conclusions about impairment. An expert witness can provide testimony to support this defense.
8. Failure to Adhere to DRE Protocol: DREs are required to follow a strict protocol during evaluations. Any deviation from this protocol can be used by the defense to question the reliability of the assessment.
While DRE evaluations can be compelling evidence in impaired driving cases, there are several potential defenses that can be employed to challenge their validity and reliability. It is crucial for individuals facing such charges to consult with experienced legal counsel who can assess the circumstances of the DRE evaluation and develop a robust defense strategy tailored to the specific case. By carefully scrutinizing the evaluation process and seeking to expose weaknesses in the prosecution's evidence, individuals can work to protect their rights and achieve the best possible outcome in their impaired driving cases.
Florida's use of Drug Recognition Experts (DREs) is a vital tool in combating drugged driving and ensuring road safety. DREs undergo extensive training to accurately identify signs of drug impairment in drivers, and their evaluations can be influential in court. However, the process is not without its challenges and potential sources of error. It is crucial for individuals facing DUI charges based on DRE evaluations to consult with experienced legal counsel who can assess the validity of the evaluation and build a robust defense strategy when necessary. Understanding the DRE evaluation process and its implications is essential for both law enforcement and individuals involved in impaired driving cases in Florida.
Call Musca Law 24/7! We Are Open 365 Days a Year!
If you or a loved one are facing charges related to impaired driving, Musca Law, P.A. is here to provide a powerful legal defense. Our dedicated team of Florida Drugged Driving Defense Attorneys has a deep understanding of Florida's legal system and extensive experience in handling impaired driving cases.
We offer a FREE consultation 24/7/365, so you can reach out to us anytime at 1-888-484-5057 to discuss your case. With 30 office locations strategically placed throughout Florida, from the Panhandle to Jacksonville, from Key West on the Gulf to Central Florida, we are here to serve both residents and out-of-state visitors.
Trust Musca Law, P.A. to stand by your side, protect your rights, and provide you with the legal representation you deserve. Don't wait; call us now to secure your future and put our proven experience to work for you.