How Defensible Are Drug-Related DWI Charges?
Interviewer: How hard is it to defend these cases and get a good outcome? Or is it still so damaging that someone can be convicted even with this flimsy methodology and evidence?
Preparation Is Key: An Attorney Handling Drug-Related Cases Should Avail Him or Herself of Necessary Training in Drug Recognition Evaluations
Kevin: It can be very easy to be convicted of these DWI drug charges if the attorney doesn’t know what he’s doing. An attorney who handles DWI drug cases must get as much training as possible concerning drug recognition evaluation, blood testing, and urine testing.
You have to have a certain degree of medical knowledge in order to evaluate and understand doctors’ reports. You have to have a certain amount of scientific knowledge to understand drugs and drug interactions.
Disputing the Chemical Testing: An Attorney Must Obtain Discovery for the Defense, Such as the Laboratory Credentials and Methodology
Then, as in an alcohol-related DWI case, you have to have a dogged approach in getting all the information necessary to determine if the laboratory did its job properly when testing the urine.
The Attorney Must Learn the Flaws in the Drug Recognition Expert and Evaluation Process and Exploit Them during Cross-Examination
You need to get as much information concerning the background of the drug recognition expert. You need to know all of the flaws in the drug recognition evaluation system that was devised by the National Highway Traffic Safety Administration in order to exploit the inconsistencies in this system.
You need to understand the DRE manual from front to back to properly cross-examine a police officer concerning his lack of credentials and incompetency to make these evaluations. If a judge actually lets a DRE testify, you certainly have to be able to use that training that’s laid out in the manual to make the DRE’s opinion look absolutely unsupported.