Unlike alcohol, there’s no simple test that law enforcement officers can do on-scene to determine if a driver is on drugs or not. However, there is a 12-step assessment that can be conducted by a drug recognition expert. Even though it’s largely unreliable, many people are still successfully convicted using these test results.

Here’s what to know and how to reach out for the experienced legal help you need to fight charges of drugged driving after an arrest.

Drug Recognition Experts (DRE)

There are some police officers who have been specially trained to become a drug recognition expert (DREs). If necessary, one will be called to the scene to conduct an examination. They perform a series of tests that supposedly when combined, are said to be capable of detecting whether a person has used illicit substances and what kind of drugs they might have used.

12-Step DRE Protocol

The 12-step DRE testing methodology includes a breath alcohol test, three different pulse readings, a pupillary exam, field sobriety tests, and a check for muscle tone and injection marks. Then, the DRE will take your statement and will speak with the law enforcement officer who pulled you over and ask about why they thought you were operating a vehicle while impaired.

Potential Defenses Against DWI Of Drugs

First and foremost, it’s important to challenge the validity of the DRE testing protocol itself. These tests are subjective at best and don’t indicate whether a person is or is not actually on drugs at the time of their arrest. Blood tests done later on could be inaccurate due to the body metabolizing the drug on the way to the hospital.

Your criminal defense lawyer might offer reasons for why you failed the test that have nothing to do with drugs. For example, say you wear contact lenses and your eyes were red and dry when you were stopped. This could explain the officer’s observation of “bloodshot eyes.”

Should You Call A Brooklyn DWI Attorney For Help?

If you were arrested for drunk or drugged driving, it’s crucial to reach out for legal help as soon as you are able. The earlier your defense strategy gets underway, the better your chances are for a favorable outcome.

Contact Brooklyn DWI lawyer Mark Cossuto today for a free initial consultation by dialing (718) 852-8047 or (800) 609-4545.