What is a DRE and Why It Matters so Much

In cases involving charges of driving while impaired (DWI) due to marijuana use, the process of proving impairment diverges significantly from that of alcohol-related cases. Rather than relying on a numerical threshold like the .08 BAC used for alcohol related DWIs, the prosecution must establish actual impairment, which is not directly correlated to the mere presence of THC in one's body. This is where the Drug Recognition Evaluation (DRE) becomes crucial. If you are charged with a DWI and it is tied to marijuana, make sure you consult with an experienced criminal defense. attorney.

“The State has the burden of proof and actual impairment is a requirement.”

So, what is a DRE? It's a rigorous assessment conducted by a certified drug recognition expert (DRE). Through a comprehensive 12-step evaluation, these trained professionals can ascertain not only if a driver is impaired but also determine the specific class of drugs causing the impairment—from stimulants to depressants, including cannabis.

The evaluation encompasses a variety of tests, including physiological measurements, observational tasks, and psychological assessments that gauge divided attention capabilities. The personnel conducting these tests are not your average officers; they undergo extensive training to accurately interpret signs of drug impairment.

For marijuana-specific impairment, certain indicators such as dilated pupils, the smell of marijuana, observable remnants of the drug in the mouth, red eyes, tremors, paranoia, and confusion are telltale signs. However, standard field sobriety tests are primarily calibrated for alcohol impairment, hence the DRE protocol includes alternative evaluations, like the Lack of Convergence (LOC) eye test and modified Romberg test, to detect cannabis effects.

The importance of the DRE lies in its precision and relevance. Since a blood test for THC doesn't equate to impairment due to individual metabolism differences and the drug's longevity in the system, the DRE's findings become the state's strongest evidence in DWI cases concerning marijuana.

“The State can’t simply fake this one. They are followed the DRE protocols or they didn’t.”

Thus, if you face a marijuana DWI charge, it is imperative to have a defense attorney with a comprehensive understanding of the challenges and intricacies involved in DRE processes and how to counter the prosecution's reliance on them to ensure that the burden of proof is met with rigorous scrutiny. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, make sure Jack Rice Defense is by your side.

Jack is a nationally recognized and award winning criminal defense lawyer, awarded Among the Best Criminal Defense Lawyer of 2024, Minnesota Super Lawyer for 2023, Among the Best Lawyers of 2022, winner of the Minnesota Attorney of the Year Award for 2021 and founder of Jack Rice Defense. He was awarded the Professional Excellence Award from the MSBA for 2020, and is an MSBA Board Certified Criminal Law Specialist. He is also a former Prosecutor and a former U.S. Central Intelligence Agency Officer. This St. Paul Criminal Defense Lawyer has decades of experience successfully representing thousands of clients facing everything from Sex Crimes, Child Pornography, Domestic Assault to DWI to Murder to other serious criminal charges.