Challenging Drug Recognition Experts in Connecticut DUIs

 Posted on October 31, 2025 in Driving Under the Influence

When law enforcement in Connecticut suspects a driver is impaired, but breath or blood tests come back clean, they often call in a Drug Recognition Expert (DRE). These specially trained officers use a 12-step protocol that they claim identifies impairment. Despite the scientific-sounding name, DRE testimony is facing increased scrutiny in Connecticut courts and nationwide.

This scrutiny comes in part from a lack of peer-reviewed reliability and standardized application. If you are facing a drug-related DUI, it is essential that your Fairfield County, CT DUI lawyer is familiar with challenging the DRE process, as this could make the difference between a conviction and a dismissal.

What is a Connecticut Drug Recognition Expert?

A Drug Recognition Expert in Connecticut is a law enforcement officer with special training that allows him or her to identify drivers who are impaired by drugs other than (or in addition to) alcohol. Given the legalization of cannabis, the need for DREs in the state has significantly increased. The Connecticut DRE program is overseen by the Department of Transportation, in conjunction with the International Association of Chiefs of Police.

A DRE performs a standardized evaluation in a controlled environment to determine whether a person is actually impaired and unable to drive safely. The officer then determines whether the impairment is drug-related or caused by a medical condition. The DRE also determines the category of drug that is causing the impairment.

DRE Officers take a two-week course, then perform a minimum of 12 evaluations under a DRE instructor’s supervision. The officers must correctly identify the drug categories and achieve a high toxicology confirmation rate. DRE certification is valid for two years and requires ongoing evaluations and training.

What is the 12-Step DRE Protocol?

The protocol for a DRE assessment includes:

• A breath test to rule out alcohol impairment
• An interview with the arresting officer
• Preliminary examination of the subject, including a pulse reading
• Eye examination
• Divided-attention psychophysical tests
• Vital signs and second pulse reading
• Darkroom examination of pupil size
• Muscle tone evaluation
• Inspection of any drug injection site
• Third pulse reading
• The subject’s statements and the officer’s observations
• The opinion of the DRE, plus the toxicology sample collection

Is DRE Testimony Actually Scientific Evidence?

DRE results may be challenged as non-scientific lay opinion rather than expert evidence. Some of the most common defense challenges to DRE evidence include the fact that DREs are not medical professionals, along with an examination of training hours, certification status, and any continuing education gaps. The defense attorney may point to deviations in protocol, including improper lighting, skipped steps, or failure to take three separate pulse readings.

Observations like eye tremors or muscle rigidity are highly subject to officer interpretation, plus negative or inconsistent lab results can impeach the DRE’s opinion. Even if drugs are detected, the prosecution has the burden to prove that there was clear impairment at the time of driving. Some Superior Courts in Connecticut are allowing DRE testimony to be used only as observational evidence, rather than as scientific proof.  

Contact a Stamford, CT DUI Lawyer

If you are facing drug-related DUI charges in Connecticut based on a DRE evaluation, you should not assume that the officer’s opinion is based on scientific fact. Courts are increasingly questioning whether DRE methods hold up under scrutiny. A knowledgeable Fairfield County, CT criminal defense attorney from Law Offices of Daniel P. Weiner knows how to challenge every step of the process – from training records to toxicology reports – and will fight to protect your driver’s license, your freedom, and your future. Attorney Weiner will not allow flawed DRE evidence to derail your life. To schedule a free consultation, call 203-348-5846 today.