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Drug Driving Cases and Drug Recognition Experts (DREs)

Arrested for driving under the influence of drugs?

In addition to drunk driving, individuals can also be arrested for "drug driving," or driving while one is under the influence of a drug. Even legitimate prescription drugs can lead to an arrest for driving under the influence if it is believed that the driver was impaired by his or her medication.

If that drug-related DUI arrest results in a conviction, the defendant can end up facing penalties such as probation, jail time or even time in prison, depending on the circumstances of the alleged offense. Furthermore, the driver could be forced to pay expensive fines and to have his or her license suspended for a certain period of time.

Our Indianapolis criminal defense attorneys at Keffer Hirschauer LLP are ready to provide unrelenting defense for individuals who have been accused of drug-related DUI offenses. We fully understand the dynamics of these types of cases, which differ from alcohol-related DUI cases. Contact our firm today!

Reliance on Drug Recognition Experts (DREs)

What many people do not realize is that it is much more challenging to measure drug impairment than it is to measure alcohol impairment. One reason for this is that technology is not as advanced for drug testing as it is for alcohol testing. Another reason is that drugs cover such a broad spectrum of substances and there is no clear standard for how much it takes of each type of substance to intoxicate someone. In contrast, the standard of alcohol intoxication has been set at 0.08%.

Because of this, drug-related DUI cases tend to require the use of drug recognition experts, or DREs. These are law enforcement officers who have been formally trained in the process of identifying the signs of drug impairment in drivers. DRE evaluations are carried out using a 12-step process, which involves the DRE's interview with the arresting officer, testing of the driver's vitals, evaluation of the driver's eyes, the performance of "divided attention psychophysical tests" and more.

Prosecutors often bring DREs into court to testify in drug-related DUI cases. The problem with the DRE process is that the observations of a drug recognition expert can end up being highly subjective. Just like with field sobriety tests, there are plenty of factors (such as nervousness or a medical condition) that can lead to misinterpretations by the DRE that the driver is impaired when he or she actually is not. Furthermore, many have questioned the scientific validity of the DRE evaluation process when it comes to accurately measuring drug impairment.

Contact Our Indianapolis Firm Today!

The attorneys at our criminal defense law firm are well-aware of the problems associated with drug-related DUI cases and DREs, and they are capable of effectively presenting these issues before the court. Our legal team can also bring light to any other issues that may benefit your defense, such blood testing errors, improperly storage of processing of blood samples, or violations of your Constitutional rights by law enforcement officers.

Contact Keffer Hirschauer LLP so we can advocate for your freedom!

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