DRE Evaluation In Massachusetts OUI Drugs Charge
If you are arrested for OUI drugs in Massachusetts, in some cases, a police officer trained as a DRE or drug recognition expert will undertake an evaluation of you, similar to field sobriety tests, in order to form an opinion that you were operating under the influence of drugs.
The difference between the DRE and field sobriety test is that the DRE exam is longer and the officer is essentially making a medical assessment. Since officers do not have this training, an OUI Lawyer may be able to get this evidence excluded during your trial.
The scientific reliability of a DRE evaluation can be attacked in a number of different grounds, including that the evaluation is not scientifically reliable, that the officer was not trained to make the evaluation and that the opinions of the officer are not trustworthy and reliable.
The below list details the 12 steps of a DRE exam; if the officer fails to complete a steps or skips a step, an argument can be made to exclude the test from evidence in Court.
There are numerous ways to challenge the reliability of any opinion testimony from a DRE exam. The 12 steps demonstrate that a police officer is essentially conducting a medical evaluation for which the qualifications and training of the officer can be attacked.
While other States Courts have ruled that DRE evidence is scientifically reliable, the Massachusetts Supreme Judicial Court has not addressed the issue. There are many ways to attempts to preclude and limit this evidence from being heard at trial.
What to do if facing a DUI Drugs charge in Massachusetts?If you were charged with DUI drugs in Massachusetts, you can call Attorney DelSignore at 781-686-5924 to discuss your arrest and learn about the defenses to your case.
To learn more about contesting a DUI Drugs charge, check out these pages: