Texas Prescription Drug DWI And The Drug Recognition Evaluation (DRE)

In response to the growing driving while intoxicated arrests due to the ingestion of prescription drugs, law enforcement certified ordinary police officers as “drug recognition experts” through limited training sessions at best. The truth is, DRE officers are not real drug experts, and they do not have the training or qualifications to make medical conclusions on drug impairment. Just because someone ingested medication does not automatically equate to being under the influence of that drug or impaired by that drug.

DRE officers are a prime example of authority overreach in Austin, and we at Adamo & Adamo Law Firm will not stand for it. We will fight the so-called expert testimony against you with every resource we possess. Your freedom and future should not be caught up in this dragnet.

What DRE Evaluation Looks Like

Without going over the history of DREs and what the officer training entails to become an “expert”, we will jump into the 12-step process performed by a DRE officer on someone suspected of drug-induced DWI.

1. Breath Alcohol Test (Is the BAC below 0.08?)
2. Interview of the Arresting Officer (if the arresting officer is not a DRE officer, he/she should request a DRE officer)
3. Preliminary Examination and First Pulse (Could it be something other than drugs, like a medical condition such as a stroke, head injury, diabetes, etc)
4. Eye Examination (HGN, VGN, & lack of eye convergence)
5. Divided Attention Tests (these should be performed in a controlled environment (i.e. not on the side of road).
   1. Rhomberg Balance
   2. Walk & Turn
   3. One Leg Stand (once on each leg)
   4. Finger to Nose
6. Vital Signs and Second Pulse (certain drugs will elevate, depress or have no impact on vital signs)
7. Darkroom Examination of Pupil Size and Nasal and Oral Cavities Examination
8. Muscle Tone
9. Examination for Injection Sites and Third Pulse
10. Statements, Interrogation and Other Observations (Any statements are ripe for suppression because once the DRE begins a person is considered under arrest and should be read Miranda warnings).
11. Opinion of Evaluator
12. Toxicology Examination (another area ripe for suppression due to lack of warnings because the suspect did not know he/she was not obligated to provide a second specimen; nor is the second test relevant or reliable because unlike alcohol there is no per se level of drug that has been determined to be illegal).

DREs were formed to assist in solving the problem of persons suspected of DWI not performing well on field sobriety exercises, but then registering a 0.00 on a breath or blood test. In other words, no alcohol was detected in the suspected person’s body. So if it wasn’t alcohol, it couldn’t be poor balance or coordination, no, law enforcement turned their focus toward drugs and despite their very own training manual stating “the drug influence evaluation isn’t an exact science” and that DREs are “not infallible, and neither are laboratories”, prosecutors continue to attempt to roll them out.

Call For A Free Consultation

When DREs form the basis of the charges against you, you deserve to have a knowledgeable, talented defense on your side. These charges are increasingly common, but the science behind them is faulty. We will defend your rights in the face of this. Call us at 713-237-8380 or send an email using this form.