Facing a DUI drug charge can be a scary and confusing experience. If you have been arrested in West Virginia for driving under the influence of drugs, it’s completely normal to feel overwhelmed. There are so many things to consider—your future, your reputation, and how this will impact your life moving forward. One of the most important things to understand is the role of Drug Recognition Experts, or DREs, in the process of a DUI drug arrest. These individuals are called upon to help determine if a person is under the influence of drugs while behind the wheel. However, this process isn’t perfect, and there are things you can do to challenge the results. If you are facing charges, the right legal support can make a difference in the outcome of your case. At The Wagner Law Firm, we understand what you’re going through and are here to help guide you through this difficult time.
What is a Drug Recognition Expert
In West Virginia, if a law enforcement officer suspects that a driver is under the influence of drugs, they may call upon a Drug Recognition Expert for assistance. These professionals are trained to evaluate individuals suspected of being impaired by drugs, whether prescription, illegal, or even over-the-counter substances. The DRE is usually a police officer who has gone through specialized training to identify signs of impairment that are not always visible to the average officer. They rely on a systematic 12-step process to conduct an assessment that helps them determine whether a driver is impaired by drugs. This process involves observing physical signs and symptoms, such as pupil dilation, heart rate, and coordination, along with conducting several tests.
However, it’s important to note that just because a DRE says someone is impaired, it doesn’t automatically mean they are. While the DRE’s role is important in the case, the methods they use can be questioned. In some cases, mistakes can be made, and that’s where a skilled defense lawyer can step in to provide help. A lawyer experienced in defending DUI drug charges can challenge the procedures used by the DRE and ensure that your rights are protected.
Defending West Virginia Residents for over 24 Years
Harley Wagner
How Drug Recognition Experts Test for Impairment
The DRE follows a set of steps to determine if a driver is impaired by drugs. These tests include a detailed evaluation of the person’s physical condition, as well as their behavior and coordination. When you are stopped for a suspected DUI drug offense, the officer may ask you to take field sobriety tests. These tests are designed to observe whether or not you show signs of impairment. If the officer has enough evidence to believe you may be under the influence of drugs, they will likely call in a DRE.
The DRE’s process includes a series of questions, physical tests, and even an interview to assess your level of impairment. Some of the physical signs that DREs look for include bloodshot eyes, difficulty walking, slurred speech, and a general inability to follow directions. They also perform a series of tests to check your pupil size, your blood pressure, and your coordination. These tests, while thorough, are not always foolproof. A skilled defense lawyer may be able to demonstrate that the DRE’s evaluation was inaccurate or flawed.
Challenges to DRE Evidence in DUI Drug Cases
While DREs play a vital role in DUI drug cases, their evaluations are not always perfect. One of the most important things to understand about the DRE’s role is that their assessments can be challenged in court. There are many ways in which the evidence provided by a DRE may be flawed. For example, the DRE’s training might not have been adequate or up to date, which can affect the accuracy of their findings. Additionally, factors such as medical conditions or other substances in your system can lead to false conclusions.
Another challenge comes from the fact that drug tests can sometimes be inaccurate or fail to account for certain factors. For example, prescription medications can have side effects that mimic the effects of illegal drugs. These medications may impair someone’s ability to drive but not in the same way that illegal substances would. A DRE’s evaluation may not take these nuances into account, leading to an unfair conclusion. As such, there is room to challenge their testimony in court.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.” - Antea Jarazi The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation." - Savanna Cummings Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you." - Clint Anderson
How a Skilled Lawyer Can Help You
If you are facing a DUI drug charge in West Virginia, it’s important to have a lawyer who understands how to deal with the complexities of DRE evidence. A knowledgeable DUI drug defense lawyer can examine the facts of your case, review the DRE’s procedures, and identify any areas where the evaluation may have gone wrong. They will also look into whether the officer properly followed the 12-step process and whether the tests were administered correctly. By investigating these aspects, your lawyer can build a solid defense strategy to protect your rights and potentially reduce the charges against you.
In addition to challenging the DRE’s findings, an experienced lawyer can also assist with other aspects of your case. For example, they can investigate whether you were properly stopped by law enforcement, whether your constitutional rights were violated during the arrest, or whether there were any issues with the drug tests used in your case. These elements can help your lawyer identify weaknesses in the prosecution’s case and fight for the best possible outcome for you.
Why It’s Important to Act Quickly
If you have been arrested for DUI drugs in West Virginia, time is of the essence. Drug charges can have a serious impact on your life, affecting everything from your driving privileges to your employment opportunities. By seeking legal help as soon as possible, you can ensure that your case is handled in the most effective way possible. A defense lawyer can begin working on your case right away, gathering evidence, investigating the arrest, and preparing for court. The sooner you have an attorney on your side, the better your chances of a successful outcome.
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Facing a DUI drug charge in West Virginia can feel overwhelming, but you don’t have to go through it alone. The role of Drug Recognition Experts is important in DUI drug arrests, but their findings are not always foolproof. With the right legal representation, you can challenge the evidence and fight for a favorable outcome. At The Wagner Law Firm, we understand what you are going through and are here to help you navigate the complexities of DUI drug charges. If you need help with your case, don’t hesitate to contact us. We are dedicated to helping you get the best possible result and ensuring that your rights are protected.
To learn more about this subject click here: West Virginia Felony DUI Mandatory Minimum Sentences