Drug Recognition Expert (DRE) Evaluations: What You Need to Know After an Arrest

September 29, 2025 | Posted In Criminal Law

If a police officer pulls you over and suspects that you may be driving under the influence of drugs (DUID), the officer can call a drug recognition expert (DRE) to the scene. The DRE can then conduct an evaluation to determine if you appear to be under the influence of drugs, and if the DRE determines that you appear to be under the influence of drugs, the DRE’s evaluation can lead to an arrest. Drugged driving charges carry serious penalties under New Jersey law; so, if you are facing a DUID charge, it will be critical to put an experienced New Jersey defense attorney on your side.

DRE Evaluations Can Be Used as Evidence in Court

Despite the issues they present (discussed below), DRE evaluations can be used as evidence in New Jersey DUID cases. In 2023, the New Jersey Supreme Court issued a decision stating that DRE evaluations are admissible in court, subject to certain limitations. Specifically, the New Jersey Supreme Court held that in order for a DRE evaluation to be admissible in a DUID case:

  • The DRE must specifically conclude that the findings of his or her evaluation are “consistent with” drug use—not that they necessarily suggest impairment;
  • The state must make a reasonable attempt to obtain a toxicology report, unless there is a “persuasive justification” for failing to do so;
  • The defendant must be afforded a “fair opportunity” to impeach the DRE in court; and,
  • The court must consider using model instructions to guide juries about DRE evidence.

Provided that these four conditions are satisfied, a DRE evaluation will generally be admissible at trial. However, as we discuss below, even with these safeguards in place, several potential issues with DRE evaluations exist—and all of these issues can potentially serve as defenses in court.

DRE Evaluations Present Several Issues

While prosecutors can generally use DRE evaluations in New Jersey DUID cases (provided that the four conditions discussed above are satisfied), there are a variety of potential issues that can render DRE evaluations unreliable or inadmissible for other reasons. If you are facing a DUID charge in New Jersey, it will be important to thoroughly analyze all of these issues in order to determine how you can fight your case.

Some examples of potential issues with DRE evaluations in New Jersey DUID cases include:

An Unconstitutional Traffic Stop

In order to comply with the U.S. Constitution, police officers must only conduct traffic stops based on “reasonable suspicion.” If your arresting officer stopped you without reasonable suspicion, this violation of your constitutional rights could render all of the state’s evidence against you inadmissible in court. This includes your DRE evaluation.

Issues with the Performance of the DRE Evaluation

Even if the police observed your constitutional rights, your DRE evaluation could still be inadmissible in court for other reasons. For example, if the DRE improperly performed the evaluation, this could render the DRE’s findings inadmissible in court as well.

Under New Jersey law, DREs must follow strict procedures when conducting evaluations on the side of the road. If your DRE didn’t follow these procedures, or if prosecutors can’t prove that the DRE followed them, your New Jersey defense attorney may be able to use this to protect you.

Misinterpretation of Alleged Signs of Drug Use

While the DRE evaluation is supposed to be scientific, the reality is that it is highly subjective. As a result, it is not uncommon for DREs to misinterpret alleged signs of drug use. If a DRE cannot conclusively state that his or her observations indicate drug use, then his or her observations should not serve as proof of guilt beyond a reasonable doubt.

Alternate Explanations for Alleged Signs of Drug Use

Along with misinterpretation of alleged signs of drug use, alternate explanations for alleged signs of drug use can serve as defenses to DRE evaluations as well. For example, some of the signs that DREs are trained to look for include:

  • Red or bloodshot eyes
  • Lack of physical coordination
  • Elevated pulse or blood pressure
  • Elevated body temperature
  • Needle marks and other evidence of drug use

However, all of these can have alternate explanations that have nothing to do with using drugs. This is a defense that your attorney may be able to raise on your behalf as well.

Confirmation Bias

Another serious issue with DRE evaluations is the risk of confirmation bias. A DRE’s job is to specifically look for signs of drug use, and when a DRE arrives at the scene of a traffic stop involving suspicion of DUID, the arresting officer will typically tell the DRE why the officer already believes the driver is impaired. These factors can play a significant role in the DRE’s evaluation.

How Can You Challenge the DRE’s Evaluation in Your DUID Case?

With all of this in mind, how can you challenge the DRE’s evaluation in your DUID case?

The answer to this question depends on the specific circumstances at hand. While there are several potential ways to challenge the use of a DRE evaluation as evidence in a DUID case, every case is unique, and a custom-tailored approach is essential.

When you hire an experienced New Jersey defense attorney to represent you, your attorney will assess all potential defenses to your DUID charge, including (but not limited to) defenses related to your DRE evaluation. Then, based on this assessment, you will be able to work with your attorney to make an informed decision about how best to proceed.

Discuss Your DUID Case with a New Jersey Defense Attorney in Confidence

Are you facing a DUID charge in New Jersey after undergoing a DRE evaluation during your traffic stop? If so, our attorneys can help you fight your DUID charge by all means available. To speak with an experienced New Jersey defense attorney about your case in confidence, call us at 877-435-6371 or request a consultation online today.

Helmer, Conley & Kasselman, P.A.

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