How a Lawyer Can Challenge a Drug Recognition Expert's Testimony? - Rachel Kugel

From The Kugel Law Firm - How a Lawyer Can Challenge a Drug Recognition Expert’s Testimony explores the often-overlooked battleground of impairment cases involving a Drug Recognition Expert (DRE). Hosted by the team at The Kugel Law Firm, the podcast dives into how DRE testimony is used in driving-while-impaired-by-drugs (DWAI-Drugs) cases in New York, and how defense attorneys can unpack every step of the DRE’s 12-step protocol to protect clients’ rights.

In this episode, we walk listeners through the DRE’s role—how an officer trained as a Drug Recognition Expert may assess a driver suspected of impairment beyond alcohol, and how their testimony becomes a central pillar of the prosecution’s case in DWAI-Drugs matters. We discuss why prosecutors lean on this approach, and what legal implications arise when expert testimony is used to classify drug categories and impairment in the courtroom.

Next, we shift focus to what limits the authority of a DRE, especially within the context of New York law. From the fact that the DRE is not a medical doctor, to the idea that bodily signs like pupil size or muscle tone have multiple possible causes, we explore how defense attorneys might challenge the validity of the evaluation. The episode also examines how the 12-step protocol—from breath tests and pulse checks to dark-room examinations—offers many points of vulnerability when handled improperly or without full scientific backing.

Finally, the podcast delves into the legal standards governing expert evidence—specifically how New York courts apply the Frye Standard, which emphasizes general acceptance in the scientific community, rather than the Daubert Standard. We interview the defense team at The Kugel Law Firm about real-world strategies they use to argue that DRE testimony lacks sufficient reliability under the Frye framework. The goal: give listeners a clearer understanding of how to challenge expert testimony, why it matters, and what it can mean for individuals facing DWAI-Drugs charges.

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