Charged With DWI/DUI based on Drugs?

If you have been charged with driving while intoxicated or driving under the influence based on ingestion of a controlled dangerous substance, you may have strong challeges to your charges.

The "science" behind assessing suspects believed to be under the influence of drugs is highly questionable, and it has not been recognized yet by the New Jersey courts as being scientifically reliable. In order to admit such evidence against you, the prosecutor would first have to demonstrate the scientific reliabilty of such evidence prior to the court being able to consider such evidence against you.

I have been trained in the Drug Recognition Evaluation (DRE) program used by the National Highway Traffic Safety Administration (NHTSA) and local police departments to assess "drugged driving". I completed a three day course taught by a NHTSA certified DRE instructor. I am also a Standardized Field Sobriety Testing Instructor, qualified by NHTSA and the International Association of Chiefs of Police (IACP). I did this because I want to be as prepared as I can to challenge the evidence against you.

Because of my training, I am prepared to challenge the following:

how the officer assessed you through observation and measurement of vital signs, including blood pressure, pulse and body temperature;
how the officer assessed your condition based on the seven drug categories identified in the DRE Training Program;
how the officer followed the 12-step drug recognition evaluation process, which is:

1. A breath test to rule out alcohol as the major cause of impairment;

2. An interview of the arresting officer by the drug recognition expert (The effects of some drugs are short-lived. An interview with the arresting officer is essential in order to give the drug recognition expert a clear idea of what symptoms were observed at the roadside, or place of first contact with the subject.);

3. A preliminary examination of the subject;

4. An eye examination (The subject's eyes are examined for involuntary jerking when looking to the side or looking up following a stimulus from side to side or up and down. The ability of the subject's eyes to converge is also tested.);

5. A series of divided-attention tests (These standardized tests check the subject's ability to multitask. Subjects are asked to: listen to instructions while maintaining a stance, maintain a stance with eyes closed, walk a straight line, turn in a prescribed way and walk back, stand on one foot in a prescribed way for a certain amount of time, and touch the tip of their nose with the tip of their finger as instructed. These tests are usually easy to complete when sober, but difficult or impossible when impaired by a drug or alcohol.);

6. The examination of vital signs (Blood pressure, temperature and pulse are taken.);

7. A darkroom examination of pupil sizes (This includes an examination of the subject's nasal and oral cavities.);

8. A check of muscle tone;

            9.    An examination of typical injection sites on the person's body;

            10.    The rendering of an opinion by the drug recognition expert;

            11.    An interview with the subject;

12. And the provision of a bodily fluid sample;

how the officer administered the Standardized Field Sobriety Tests, including Horizontal Gaze Nystagmus;
how the officer administered eye examinations, including pupil size, vertical nystagmus and lack of convergence;
whether the officer properly classified the drug under the seven drug categories;
whether the officer properly completed the DRE course;
why the DRE process is flawed

Please call me to discuss your specific situation.

Evan M. Levow, Esq.
Practice Limited to DWI Defense
www.dwi-nj.com

856-889-5181 cell
toll free 1-866-DWI-NJ.com
1-866-394-6526 office
856-429-7726 fax