Drug Recognition Experts (“DRE”) in New Jersey

Everything you need to know about DREs and how their testimony will be applied in DUI cases 

What is a Drug Recognition Expert? 

A Drug Recognition Expert (“DRE”) is a law enforcement officer specifically trained to detect whether a defendant is under the influence of a controlled dangerous substance (e.g., marijuana, cocaine, heroin, etc.).  Generally, these officers are asked to conduct an examination of a defendant charged with driving under the influence of a controlled dangerous substance.  Upon evaluating the defendant, they offer an opinion as to whether a defendant is currently intoxicated, and, if so, as to what drugs they are under the influence from. 

Why Does Their Testimony Matter? 

In order to provide an opinion as to intoxication, the law enforcement officer must be qualified as an “expert witness.”  An expert witness is witness who, by virtue of their specific expertise, is allowed to provide limited opinion testimony to a judge or jury.  Generally, the rules of evidence in a criminal case prohibit a witnesses from providing opinion testimony.  However, if a witness is qualified as an expert, that evidence restriction is lifted.  If qualified as an expert, DREs would be allowed to provide a judge with their opinions as to a defendants level of intoxication. 

Are Drug Recognition Experts Qualified as Expert Witnesses? 

Although DREs have the term “expert” in their title, the New Jersey Supreme Court has not yet qualified them as expert witnesses. Since 2019, the New Jersey Supreme Court has been examining whether the training and testimony of DREs is generally accepted in the scientific community.   

Up until February 17, 2023, if the Court found that DRE methodology was commonly accepted, they would have been qualified as experts.  However, the New Jersey Supreme Court recently ruled that it would be changing the standard to determine whether an expert was qualified to testify in a criminal trial.  Instead of looking at the consensus in the scientific community, the Court ruled that it would instead directly examine the scientific validity of DRE testimony.  This includes reviewing error rates, methodology, reasoning, peer reviewed studies, and various other considerations.  As such, the Court directed a Special Master to conduct further studies into the reliability of the DRE program. 

What Does This Mean for Driving Under the Influence (DUI) cases in New Jersey? 

For anyone charged with DUI in which the State is attempting to utilize the testimony of a DRE, your case may be postponed until the conclusion of the New Jersey Supreme Court’s analysis of DRE testimony.  

Do I have to Consent to a DRE Examination?

Consult Rosenberg | Perry & Associates, LLC Today   

When you are charged with a DUI, you may be unsure where to turn first. Get the answers to all your questions about your DUI matter and ensure that your rights are protected throughout the proceedings. Contact our office today at (609) 216-7400 or contact us online and learn what we can do to help.