In 1953, a university professor (and former police captain) created the Breathalyzer to measure the amount the alcohol of a driver who is suspected of being impaired while driving. While the technology has improved over the last 50 years, the Breathalyzer remains the way police measures alcohol blood levels for purposes of DUI. But what if the driver is impaired by drugs instead of alcohol?
The mass decriminalization of marijuana, the expanded use of recreational drugs, and the opioid pandemic have all created difficultly for law enforcement to prove the charge of driving under the influence. There are no proven or feasible methods of quantifying the amount of substance in someone’s system at a traffic stop. The police, however, have turned their focus on evaluating the behavior of suspects and whether that behavior can be attributed to specific drugs.
This determination has traditionally been done by a Drug Recognition Expert (DRE). This is a law enforcement officer who has completed a week-long drug course and passed a drug recognition exam. In this course, officers learn how to administer a Drug Influence Evaluation (DIE). This evaluation attempts to identify seven broad categories of drugs: 1) Central nervous system depressants (CNS) like Xanax, alcohol, or values; 2) CNS stimulants like cocaine and amphetamines; 3) Hallucinogens like LSD; 4) Phencyclidine (PCP); 5) Narcotic analgesics like morphine or codeine; 6) Inhalants like glue or solvents; and 7) Cannabis.
Through just a week of training and an exam, DRE’s are directed to evaluate a driver and be able to testify to a jury regarding their opinion that the defendant was under the impairment of a particular drug. These observations can and are often attacked as being inadmissible as unreliable. It can also be argued that presenting evidence of any drug is often irrelevant and prejudicial to the defendant. The problem for law enforcement is its inability to quantify a particular drug and determining how long ago a drug was ingested. A good criminal defense attorney will expose a DRE during cross-examination and make it very difficult for the State to prove that the defendant was under the influence of a particular drug to the extend that his/her normal faculties were impaired. Unlike the Breathalyzer, these determinations are much more subjective and arguable before a jury.
This process becomes even more cloudy when it is determined that alcohol is present in the driver’s system. The alcohol level may be below the threshold of .08, yet drugs are suspected. These dilemmas often lead to the State making the argument that alcohol should not be consumed when taking medications, and that the medication will have a much more potent effect when mixed with alcohol. This argument tends to paint the defendant as irresponsible or reckless. However, the State still has the problem of proving when the medicine was consumed and whether the alcohol could have influenced the drug.
If you have been charged with a drug DUI, you need a seasoned DUI attorney with vast experience in arguing these complex matters. For a free consultation, call the defense attorneys at Hendry & Parker, P.A. today.