What may eventually become a trend in trying DUI cases are so-called Drug Recognition Experts (DRE) that will testify at trial. Individuals will be certified to be a DRE by taking more than 100 hours of class and going through a certification process.

What such individuals are assigned to do is to identify individuals allegedly under the influence of drugs and categorize what drugs the individual may have been taking before getting behind the wheel. Determinations will need to be made by a DRE to see if an individual is actually impaired while driving, and it will involve a 12-step process - a sort of field sobriety test - that can take anywhere from 45 to 90 minutes.

Such a position has been created in part because not all DUIs actually involve being under the influence of alcohol and instead may involve other substances. Such individuals certified to be a DRE may then actually testify before a judge or jury, though this is bound to be a controversial issue ripe for a challenge in court. Though some courts have allowed such testimony in, others have taken it by a case-by-case basis. Certain jurisdictions may reject such testimony altogether.

One problem is that DREs are not medical doctors that can make an adequate determination as to what behavior is due to drug interaction in a person's system and behavior due to other causes. Often the DRE relies upon urine tests that could pick up on substances that have been in the system for 18 to 36 hours but have no affect on a person's ability to operate a motor vehicle.

In any instance, any testimony used to bring a presumption of guilt upon an individual charged with a DUI should be challenged to determine its accuracy under cross-examination by an experienced attorney in the DUI field.

Source: The Gainesville Sun, "DUI officer becomes county's first Drug Recognition Expert," by Karen Voyles, Jan. 12, 2012