As noted on Episode 144, there has been a steady decline in certified DRE officers over the past decade. As a result, in some jurisdictions there has been an increased use of DRE officers to provide testimony in drug impaired DWI cases where no DRE was utilized at the time of the initial DWI investigation. In this episode, Jake reviews two recent unpublished cases from the Court of Appeals on DRE Testimony, State v. Lewis and State v. Williams.
Discover how State v. Lewis and State v. Williams, when read together, make it difficult for any officer to provide opinion testimony in a drug impaired driving case at trial.
Understand the collective importance of defense attorneys statewide to object to post hoc DRE testimony.
Learn attack points to post hoc DRE testimony if it is allowed to come into evidence over defense counsel’s objection.