The rise in drug-related DUI arrests has changed the way traffic stops unfold in Florida, and it has brought a new player into the spotlight: the Drug Recognition Expert (DRE). While the name makes it sound like something out of a TV crime show, DREs are real officers with specialized training who step in when impairment isn’t as simple as blowing into a breathalyzer.
More people rely on prescription medication, use cannabis, or combine substances without realizing how they interact. For that reason, DREs now play a major role in determining who gets charged with DUI, and one pill can complicate the picture.
What is a Drug Recognition Expert?
A DRE is a law enforcement officer trained to identify impairment caused by substances other than alcohol. When an officer pulls someone over and suspects driver impairment, but the breath test doesn’t show alcohol as the culprit, a DRE is often called in.
These officers are certified through a national program overseen by the International Association of Chiefs of Police, and their purpose is to evaluate whether a driver is under the influence of drugs, whether those drugs are prescription medications, illegal substances, or a mix of both. Because Florida prosecutes drug-based DUIs just as aggressively as alcohol DUIs, the DRE’s evaluation can significantly influence how a case moves forward.
Becoming a DRE involves far more than a short seminar. Officers undergo intensive coursework focused on how different classes of drugs affect the human body. They study everything from how pupils respond in various lighting conditions to how stimulants, depressants, cannabis, hallucinogens, opioids, and inhalants affect coordination, speech, muscle tone, and vital signs.
After classroom training, candidates must complete field evaluations under supervision. These evaluations require correctly identifying drug impairment in real subjects before certification is granted. DREs must also complete continuing education and periodic recertification, although the level of real-world experience varies widely among officers.
How does a DRE evaluation work?
DREs follow a 12-step process known as the Drug Influence Evaluation. Although “12 steps” may sound neat on paper, the reality is far more subjective. Here's what it looks like:
- Breath test: The evaluation begins with a breath test to rule out alcohol as the cause of impairment. The DRE then interviews the arresting officer to gather information about driving behavior, speech patterns, and other observations from the traffic stop.
- Preliminary exam: Next comes a preliminary exam that includes checking for medical conditions that could mimic impairment, taking pulse readings, and asking basic questions. DREs check for involuntary eye movements, pupillary reactions, and the ability to cross the eyes.
- Additional tests: They also conduct divided-attention tests similar to field sobriety exercises. The driver may be asked to touch their nose, balance, follow instructions, or perform tasks requiring coordination. The officer then measures blood pressure, temperature, additional pulse readings, pupil size in different lighting conditions, and muscle tone. In some cases, the DRE looks for signs of recent drug use, such as injection marks.
After gathering all of this information, the officer forms an opinion about which category of drugs may be causing impairment. The last step usually involves a blood or urine sample to confirm the DRE’s opinion, but toxicology results don't always match what the officer concluded at the roadside.
How much weight does a DRE’s opinion carry in a DUI case?
In Florida, a DRE’s report can carry significant weight. Prosecutors rely heavily on these evaluations when breath tests come back clean, but signs of impairment remain. A DRE’s testimony can also be used to support probable cause for arrest and to justify the decision to request a chemical test. In court, the prosecution often portrays the DRE as an expert witness, which can influence judges and juries who may not fully understand how subjective the evaluation can be.
Yet despite its importance, the DRE process isn’t perfect. Much of the evaluation depends on the officer’s interpretation, and the signs they look for (e.g., pupil size, balance, pulse rate, speech patterns, and body temperature) can be affected by stress, fatigue, anxiety, medical conditions, or even the roadside environment.
Why are DRE findings controversial?
The DRE program has been challenged in courts around the country. While officers receive training rooted in pharmacology and physiology, many medical professionals and defense attorneys argue that the system is not as scientific as it sounds for the following reasons:
- Varying levels of accuracy among DREs
- Some evaluations are contradicted by laboratory test results
- Human error, confirmation bias, and inconsistencies in how officers apply the protocol
For example, if the arresting officer tells the DRE they believe the driver is impaired by drugs, the DRE may unconsciously look for signs that fit that narrative. Nervousness can be misread as impairment. Lighting conditions can affect pupil measurements. Medical conditions such as diabetes, seizures, or brain injuries can mimic drug effects. Even fatigue can throw off coordination tests.
How can a defense attorney challenge a DRE evaluation?
A skilled DUI defense attorney can challenge DRE findings in several ways, including:
- Examining whether the officer followed the full 12-step protocol
- Pointing out medical explanations that the officer may have overlooked
- Questioning the officer’s training, recertification status, experience level, and consistency.
- Examining body-camera footage that may reveal details that contradict or cast doubt on the written report.
What should Florida drivers know?
If you’ve been charged with DUI in Florida involving a DRE, you need legal representation that takes apart the state’s case from the ground up. Aguilar & Sieron, P.A. has extensive experience defending drivers in Clay County and communities throughout Northeast Florida. We know how to challenge DRE evaluations, faulty field sobriety tests, questionable traffic stops, and issues with breath or blood tests.
The sooner you contact us, the sooner we can secure evidence, request necessary hearings, and begin pushing back against the prosecution. Whether your case involves alcohol, prescription medication, alleged drug impairment, or a DRE’s opinion, we're here for you every step of the way. We serve clients throughout Clay County and Northeast Florida, and we’re available around the clock.
“Mark is an outstanding attorney! He has handled multiple issues for me and my family. Always have outstanding results. Don't go anywhere else in Clay County for legal representation.” –T.S., ⭐⭐⭐⭐⭐