Drug Recognition Expert (DRE) - Tulsa Trial Attorneys

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Client Reviews From Drug Recognition Expert (DRE) Cases

“200 PERCENT OUTSTANDING LAW FIRM WILL ABSOLUTELY GO TO BATTLE FOR YOU. VERY PROFESSIONAL & MOTIVATE. THE BEST LAW FIRM IN TULSA.” M.M. 1/5/19

"THEY KNOW THE LAW, AND THEY AREN'T AFRAID OF HEARINGS OR TRIAL.  THEY GOT ME A VERY GOOD OFFER, BUT I TURNED IT DOWN AND SAID I WANTED TO GO TO TRIAL.  THEY DIDN'T ARGUE WITH ME LIKE MY LAST ATTORNEY.  CIERA AND BRIAN SIMPLY EXPLAINED THE RISKS AND WHEN I TOLD THEM I WAS SURE ABOUT GOING TO TRIAL, THEY WENT AHEAD AND FOUGHT HARDER THAN ANY ATTORNEYS I HAVE EVER SEEN.  THE END RESULT WAS A NOT GUILTY!"  D.T.

First and foremost, call us right away at 918-884-7791.   Depending on your circumstance and your charges, you may have a specific time to respond.  Whenever there is an arrest, time is of the essence.  Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member.  With a DUI there are four key issues that are effected by waiting;

  1. IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,

  2. YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,

  3. EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,

  4. DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.

History of Drug Recognition Expert (DRE)

The term “drug recognition expert” was born in the Los Angeles Police Department (LAPD) in the 1970s. Los Angeles police struggled to find measures they could use to identify people who may be driving while under the influence of drugs, rather than alcohol. 

Consequently, the LAPD started developing a series of screening steps that they believed would assist officers in determining whether someone was under the influence of drugs.  In 1986, LA PD instituted a formal training program. In theory, this standardized training ensured that all officers understood and followed the same protocols.

In 1988, Congress passed legislation, which provided funding for formalized drug recognition expert (DRE) training in 33 states. At the present time, the International Association of Chiefs of Police offers training for those seeking to be declared “drug recognition experts.” The training is offered on a yearly basis.

Training for Drug Recognition Experts (DRE)

DRE training includes prerequisites and three phases of training.

Prerequisites for DRE Training

Before one can begin DRE training, an officer must first complete another course. This course covers standardized field sobriety testing (SFST). The standardized field sobriety tests are used in cases where police suspect someone is under the influence of alcohol. They also play a small role in the process of evaluating whether someone is under the influence of some drug.

Phase One of DRE Training

Phase one involves a 16-hour class. This class provides an overview of the evaluation procedures used by drug recognition experts. It also reviews the seven categories of drugs which are being looked for in an evaluation. Eye examinations are also part of this two-day training. Finally, participants are evaluated in their ability to perform SFSTs properly.

Phase Two of DRE Training

In phase two, participants continue their study in the following topics:

·      Drug evaluation procedures

·      More information on each drug category

·      Drug combinations

·      Evaluating vital signs

·      Preparing a case

·      Courtroom testimony and

·      The creation of a Curriculum Vitae (CV).

The training culminates in a written test.

Phase Three of DRE Training

Finally, to become certified, the officer must perform 12 drug evaluations while supervised by a trained DRE. Officers must identify at least three types of drugs from the seven drug categories. Additionally, officers must correctly identify the presence of a drug in three out of every four cases. The correctness of the identification is based on a subsequent taxological exam. This is followed by a final test. Once this is completed, two DRE instructors must “approve” the certification. 

Understanding the DRE Program

The DRE process involves 12 separate steps.  The steps include the following.

·      Administration of a breath alcohol test. If the officer feels the level of impairment observed is not reflected by the breath alcohol test result, they will request a DRE evaluation.

·      Interview. Upon arrival, the DRE starts their process by speaking with the very officer who made the request for a DRE. They ask the arresting officer what signs the officer saw that alerted them to the fact a driver may be impaired.

·      Preliminary examination and pulse. After having been apprised about conduct to look for, the DRE conducts a preliminary evaluation. This evaluation includes a medical assessment, to determine if another reason may explain the strange behavior. There is a standard list of questions the DRE asks, regarding their health, the last time they ate, what they may have had to drink, and what drugs they may have taken, including prescription medication. The responses to these questions formulate the basis upon which the officer relies when assessing the presence of a medical condition.

·      Eye examination.

·      Divided attention psychophysical tests, also referred to as standardized tests or SFST.

·      Vital signs and second pulse.

·      Dark room examination.

·      Examination of muscle tone.

·      Examination of skin for possible injection sites and third pulse.

·      Considering subject statements and other observations.

·      Analyzing the data and forming an opinion about impairment.

·      Taxological examination.

Problems with DREs

There are several problems with DREs. For example, rather than perform an independent evaluation of the situation, the DRE begins by talking with the officer who first called in the DRE. This officer no doubt has already made up his mind that the driver is impaired. 

Additionally, the DRE examines the driver to determine if a medical condition may be causing the strange behavior. All to often the DRE fails to ask the driver if they have any physical ailments, and in some circumstances the driver may not be able to answer effectively because of the physical or mental ailment they are suffering from at the time of the stop.  A trained DRE is no substitute for a trained medical professional. 

What if you Get Arrested for DUI or DWI?

You may be embarrassed and worried about how the drunk driving arrest will affect your life. You should be concerned about a your drivers license being suspended and about the criminal consequences, like probation, jail or fines.

No one ever intends to be arrested for drunk driving or driving under the influence of drugs. You are out for a night of fun and relaxation, and the next thing you know you are pulled over. How you handle the next minutes, hours and days can impact your freedom, your job, and your license. Get experienced representation immediately!

Why Do I Need an Experienced DUI Attorney?

If you have been arrested for driving under the influence for the first time, you may not fully understand the need for experienced legal advice and representation of a Tulsa DUI Lawyer. Time is limited. It is vital that you take action against a conviction - even you first conviction is subject to harsh penalties. Additionally, court process is filled with legal technicalities. You need a highly trained and experienced attorney who has handled hundreds, if not thousands of DUI cases to insure that all stones are turned over .

After the arrest, you have only 15 days days to request a DPS Hearing (Department of Public Safety). Otherwise, you will automatically have a suspended license in addition to a conviction on your criminal record. Your best hope for avoiding these painful consequences is to hire an attorney with the experience to fight skillfully and aggressively in your defense. An experienced attorney can guide you through how to challenge and fight your case, but time is of the essence.

CALL OUR EXPERIENCE DUI ATTORNEYS AT 918-884-7791

What are the Issues you and Your Attorney Should be Discussing?

The first focus should be on whether you need to get a making sure you have requested a DPS hearing within. Next you need to discuss an EtG test if the stop was for alcohol or a blood test if the stop was for drugs. These need to be done as soon as possible. An experienced attorney will discuss with you whether the police officer had probable cause to stop your vehicle and then whether you gave them any indication of intoxication or impairment. Finally, you should discuss the request and results of a field sobriety test, breath tests, and blood tests.

How Can Your Attorney Fight for You?

  • Was it a legal constitutional stop?

  • Did the officer follow procedure in testing you?

  • Was the SFST done properly?

  • Was the breath test done properly?

  • Was the blood test done properly?

More Issues and Things to Know

DUI Frequently Asked Questions (FAQ)

Drug Recognition Expert (DRE) Litigation Expertise

These arguments are about statistics, chemistry, and biology.  You need an attorney who not only knows the law, but also knows the science.  Let Boeheim Freeman Law’s expertise and training in science go to work for you challenging the officer's use of an SFTS, DRE, or Breath and Blood Testing.

Call Us Today - 918-884-7791