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DRE Checklist, Step 10: Subject’s Statements and other Observations

By Criminal Defense Attorney on May 29, 2012

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 10: Subject's Statements and other Observations

By this time the DRE will have already spend about 30 minutes with the subject and finished completing a physical exam. An interview will then follow, where the expert will ask the subject a variety of specific questions, which can include:

  • "When did you smoke your last joint?"
  • "When did you take your last hit?"
  • "What did you drink tonight?"

Notice how the expert will not ask ambiguous questions, instead he will ask the subject direct questions in an assertive and confident manner. He won't ask "have you been using drugs tonight?" because that would imply that he doesn't know what the subject has been using. He will carefully and accurately record your statement for future use. It is in the best interest of the subject to politely refuse to speak to him and ask for an attorney.

If you or a loved one has been charged with a DUI with drugs, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks specializes in DUI cases. As a member of The National College for DUI Defense and with over 25 years of legal experience, he can help you.

Source: A training manual for the Drug Evaluation and Classification Program

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