Proving drug impairment in car accident cases can be challenging, especially as some drugs leave the system quickly. However, a Drug Recognition Expert (DRE) can provide crucial evidence to support your case.
If you’ve been injured by a driver under the influence, understanding the role of a DRE can make all the difference in proving liability and securing compensation. Contact Law Offices of Michael A. Kahn at (310) 209-1600 for a free legal consultation.
California Leads the Nation in Drug Recognition Experts
California has more certified DREs than any other state, with approximately 1,200 DREs trained to recognize drug impairment in drivers. These law enforcement officers receive specialized training under a program administered by the International Association of Chiefs of Police, enabling them to detect and document signs of drug influence through a structured evaluation process. This expertise is essential in both criminal cases and personal injury claims involving drugged driving.
Key Roles of a DRE
A DRE’s role extends beyond mere observation; they conduct a comprehensive 12-step evaluation to assess whether a driver is under the influence of drugs. Here’s how they support the legal process:
- Evaluation at the Scene: When an officer suspects drug impairment, a DRE may be called to the scene to perform tests. The evaluation includes checking vital signs, examining pupil size and reaction, and gathering biological samples for drug analysis. These assessments provide a strong basis for proving drug influence at the time of the accident.
- Court Testimony: In court, DREs can testify as expert witnesses, helping the jury understand the specific effects of the drugs found in the defendant’s system. This is crucial because, unlike alcohol’s 0.08% BAC limit, there is no standardized threshold for drug impairment, making the DRE’s expertise invaluable in establishing impairment.
Why DRE Testimony Is Valuable in Car Accident Cases
In a personal injury case, one of the primary goals is to establish who was at fault. Demonstrating that the at-fault driver was under the influence can support claims of recklessness and negligence. A DRE’s testimony not only verifies drug use but also explains how impairment likely impacted the driver’s behavior, which can significantly strengthen your case.
The DRE’s Impact on Fault Determination
When determining fault, evidence that one driver was impaired can heavily influence the outcome of a personal injury case. The accident report, DRE evaluation, and expert testimony help paint a clearer picture of the circumstances, showing the other party’s negligence and potentially increasing your compensation for injuries sustained due to their actions.
Drugged Driving Is More Common Than Many Realize
Although drugged driving doesn’t always receive the same attention as drunk driving, it is alarmingly prevalent. According to DRE instructors, nearly half of all DUI charges since 2012 have involved marijuana, either alone or combined with alcohol. Drugged drivers present significant risks to others on the road, often resulting in accidents with severe consequences.
Challenges in Identifying Drugged Driving
Drug impairment can be harder to detect than alcohol impairment. Unlike a simple breathalyzer test for alcohol, detecting drugs often requires extensive evaluation and expert interpretation, which is where a DRE’s skill set becomes invaluable. They help bridge the gap in evidence collection, making it possible to hold drugged drivers accountable for their actions.
Get Legal Help to Build a Strong Case with DRE Testimony
If you’ve been injured in a car accident caused by a drugged driver, enlisting a qualified personal injury attorney who understands the value of DRE testimony is essential. A knowledgeable attorney will:
- Work with the DRE: They’ll coordinate with the DRE to obtain evaluation results and include them as evidence in your case.
- Leverage Expert Testimony: Your attorney may arrange for the DRE to testify about their findings, enhancing the credibility of your claim.
- Strengthen Your Case for Compensation: With solid evidence from a DRE, your attorney can build a compelling argument to seek the compensation you deserve.
To explore your options and begin building your case, contact Law Offices of Michael A. Kahn at (310) 209-1600 for a free consultation. We’re here to ensure that drivers who make reckless choices face the consequences and that you receive the compensation you deserve for your injuries.
