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- Introduction
- “Vehicle” and “Motor Vehicle”
- “Drive”
- “Drugs”
- “Legal Limit”
- Open Container
- Driving Under the Influence (DUI)
- Driving Under the Influence Per Se (“DUI Per Se”)
- Driving While Ability Impaired (DWAI)
- Second and Subsequent Offenses
- Underage Drinking and Driving (“UDD” or “Baby DUI”)
- Strict Liability
- Juveniles and Minors
- Evidence of Impairment
- Standardized Field Sobriety Tests (SFSTs)
- Drug Recognition Experts (DREs)
- Expressed Consent
- Breath Tests
- Blood Tests
- Prima Facie Case Requirement
- Preparing for Trial
- Voir Dire
- Expert Testimony
- Proving Chain of Custody
- Double-Refusals
Drug Recognition Experts are specially trained and certified law enforcement officers who can be used to help identify categories of drugs contributing to a suspect’s impairment. Although they are often consulted by law enforcement as part of an initial arrest, they can also be useful experts for you to consult prior to a trial and to testify at trial.
For more information about DREs:
If a DRE was consulted by law enforcement in your case, you should see a formal DRE report, which should be called a Drug Influence Evaluation (“DIE”). Carefully review that report in deciding whether and how to proceed with the case. Be sure to “endorse” them as an expert and discover their report and all materials to the defense prior to trial.
Even if a DRE was not consulted by law enforcement as part of the initial arrest, consider consulting and using a DRE in your drug-related impaired-driving cases, especially when your evidence isn’t as strong as you’d like. Their testimony tends to be well-regarded by juries, and they are required to do evaluations and reports as part of maintaining their DRE certifications.
Resources
CDAC Videos
DREs: What Prosecutor’s Need to Know
Drugged Driving Video Series
Colorado Resources