October 10, 2018

Have You Been Unjustly Accused of Driving Under the Influence?

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In New Jersey, drivers are found guilty for Driving Under the Influence (DUI) based on the Drug Recognition Evaluation (DRE) system. But how reliable is this observational method?

How to Become a Drug Recognition Expert

For a police officer to become a Drug Recognition Expert, one of the professionals who can use this method, they must receive 72 hours of classroom training. These professionals receive no medical training, and the curriculum may vary depending on the police academy teaching the program.

The 12-Step DRE Recognition Process

  1. A breath alcohol test
  2. An interview by the police officer
  3. The driver’s pulse is taken
  4. Examination of the sclera (whites of the eyes)
  5. Divided attention psychophysical tests (walking a line and completing a Romberg balance test)
  6. Vital signs and the second pulse are taken
  7. Dark room examination
  8. Muscle tone examination
  9. Check for injection signs, then take a third pulse
  10. Subjects statements and other observations
  11. The evaluator gives their analysis and opinion
  12. Urinalysis or a blood test is done

Ultimately, Step #12 is the only part of this process that scientifically and medically confirms that someone is driving under the influence. Nevertheless, I have encountered cases where the driver was not tested, or where they tested negative for substances such as alcohol, marijuana, or narcotics, yet were still charged with a DUI.

An Expert DUI Attorney Will Fight for Your Rights

At the Law Offices of Jason Pollack, we strongly believe that the Drug Recognition Evaluation system is unreliable and should not hold up in the court of law. Many of the items it tests may be caused by medical disorders or necessary medications.

For example, let’s think back to that eye exam, Step #4 in the DRE method. It’s true that drinking too much alcohol or using drugs can cause nystagmus, a vision condition comprised of involuntary eye movements. Do you know what else causes nystagmus?

  • Nearsightedness
  • Astigmatism
  • Inner Ear Inflammation
  • Anti-Epilepsy Drugs
  • Head Injuries
  • Multiple Sclerosis
  • And Many Other Conditions

If you have been unjustly accused of Driving Under the Influence due to the DRE method, then you deserve the best possible representation. Call the Law Offices of Jason Pollack today at 856-210-9532.

Author: Jason Pollack
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