{"id":631,"date":"2021-07-22T09:15:00","date_gmt":"2021-07-22T13:15:00","guid":{"rendered":"https:\/\/grishamandpoole.com\/blog\/?p=631"},"modified":"2023-02-12T16:41:58","modified_gmt":"2023-02-12T21:41:58","slug":"drug-recognition-expert-in-georgia","status":"publish","type":"post","link":"https:\/\/grishamandpoole.com\/blog\/drug-recognition-expert-in-georgia\/","title":{"rendered":"Drug Recognition Expert in Georgia"},"content":{"rendered":"\n

The Drug Whisperer – Drug Recognition Expert DUI Arrest in Georgia<\/h1>\n

Learn about police departments in Georgia now utilizing a highly questionable practice of arresting people for DUI based on only suspected use of marijuana.<\/h3>\n\n

What is a Drug Recognition Expert<\/h2>\n

Per the Georgia Governor’s Office of Highway Safety website, “Drug recognition is a growing field in law enforcement and has demonstrated its effectiveness as a means of identifying and prosecuting drug-impaired drivers. A properly-trained DRE can successfully identify drug impairment and accurately determine the category of drugs causing impairment.”1<\/sup><\/p>\n

If a police officer completes the Drug Recognition Expert program, supposedly, they can stop a driver, perform roadside tests, and then come to an arbitrary decision as to the type of drug causing the impaired driving. While a significant number of such arrests prove to be valid, around 20% of such arrests are totally without merit. If you have been arrested by a Drug Recognition Expert, we encourage you to contact our Cherokee County DUI lawyers<\/a> as soon as possible.<\/p>\n

Based on police cam videos of actual DUI stops resulting in false arrests, a person could believe that the DRE officer has automatically assumed you to be guilty before doing any tests – the tests being just a formal show for the camera.<\/p>\n\n

DRE Training is Hack Science<\/h2>\n

The DRE Program and training was initially developed by the Los Angeles Police Department. Obviously, the objective was to increase arrests of persons driving under the influence. <\/p>\n

To become a certified Drug Recognition Expert a police officer must complete a DRE school program. In Georgia, the DRE program is managed by the Georgia Public Safety Training Center. Per the GPSTC website, the course is 240 hours, and requires an 8-hour recertification every two years. The GPSTC has published the DRE Course curriculum on its website.<\/a><\/p>\n\n

Drug Recognition Expert Problems<\/h2>\n

The top problem with DRE arrests is that they are made based on an opinion, not verifiable factual information or evidence. The net effect is persons arrested by a DRE expert are guilty until proven innocent.<\/p>\n

California DUI lawyer William Weinberg has a blog which defines three specific flaws in DRE arrests. Per attorney Weinberg’s Orange County DUI Lawyer Blog<\/a>, these flaws are:<\/p>\n\n

    \n
  1. There are far too many officers who, for whatever reason, are eager to make the arrest. That seems to be the case with this particular officer in Georgia; if the complaint is accurate, there was little reason to believe the complaining drivers were under the influence of marijuana. The power vested to a DRE officer can be abused.<\/li>\n
  2. Even if after the arrest the driver is ultimately not prosecuted because the subsequent chemical test revealed no drugs in the driver\u2019s system, the arrest stays on the driver\u2019s record.<\/li>\n
  3. This may be a violation of the search and seizure clause found in the Fourth Amendment to the Unites States Constitution. There must be a reasonable suspicion to detain the driver for any period of time longer than it takes to issue a citation for the violation that prompted the initial stop. And there must be probable cause to arrest the driver.2<\/sup><\/li>\n<\/ol>\n\n

    Independent Testing Can Help Your Defense<\/h3>\n

    If you are arrested by a DRE expert, don’t rely on the justice system to be your savior. Their forensic labs are likely to report anything and everything in your blood if it will help the prosecution. A fairly recent case in Georgia, included the lab report showing a presence of Benadryl measured at what would be a nomal dose would be 24 hours after ingestion. Yes, the prosecution will look for anything they can use.<\/p>\n

    If you’ve been arrested by a DRE officer, you should get your own lab tests done by a local, legitimate clinic or testing facility. Note that many legal CBD products may cause a positive reading for THC, which will hurt your case.<\/p>\n\n

    False DRE Arrests in Georgia<\/h2>\n

    Georgia has had many DRE arrests thrown out by the prosecutors, but only after the accused invested many months and money for a lawyer to prove their innocence. In ffact, the number of false arrests has been enough that Atlanta news station 11 Alive had their chief investigator Brendan Keefe do an expose’ on the problems with DRE arrests.<\/p>\n

    The news story included numerous Cobb County polic videos showing the roadside arrests of innocent people. The following video is just one of the examples of false arrests made by a DRE trained officer.<\/p>\n