Cannabis DWIs: Challenging the 12-Step DRE Protocol in Minnesota Drugged Driving Cases

Understanding Drug Recognition Evaluations (DRE) and How to Defend Against Them

If you’ve been arrested for a drug-related DWI (Driving While Impaired) or Driving Under the Influence of Drugs (DUID) in Minnesota, you may be subjected to what’s known as a Drug Recognition Expert (DRE) evaluation. This 12-step process is designed by law enforcement to detect impairment caused by substances other than alcohol—including marijuana, prescription drugs, and controlled substances.

But here’s the truth: the DRE protocol isn’t foolproof. It’s built on subjective observations, debatable science, and questionable assumptions.

At Jack Rice Defense, we believe that fighting a drugged driving charge means understanding every step of this process—and knowing where it can go wrong. Below, we break down the DRE’s 12 steps and offer insights into how a skilled criminal defense attorney can challenge each stage in court. Contact Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.

🔎 What Is the DRE Protocol?

The Drug Recognition Evaluation is a structured 12-step checklist used by specially trained officers to determine whether a person is impaired by drugs. It begins after a breath test rules out alcohol as the cause of impairment. While the DRE may appear scientific, the protocol is highly subjective and open to interpretation—which is where we come in.

✅ The 12 Steps of the DRE Evaluation—and How We Challenge Them

1. Breath Alcohol Test

The officer first checks your Breath Alcohol Concentration (BrAC) to rule out alcohol as the cause of impairment.

Defense Strategy: If your BrAC is low but you're still being accused of impairment, we scrutinize whether the officer had legitimate grounds to escalate to a drug evaluation at all.

2. Interview of the Arresting Officer

The DRE asks the original officer about your driving behavior, demeanor, and statements.

Defense Strategy: These reports are subjective. We challenge inconsistent observations, officer bias, and poor documentation.

3. Preliminary Examination & First Pulse

The DRE performs a basic health check and looks for signs of impairment unrelated to drugs. This includes checking horizontal gaze nystagmus (HGN) and recording your first pulse.

Defense Strategy: Medical conditions, fatigue, or anxiety can cause signs mistaken for drug impairment. We bring in medical experts when necessary.

4. Eye Examination

Tests for horizontal and vertical gaze nystagmus (HGN/VGN) and the ability of your eyes to converge on a close object.

Defense Strategy: Nystagmus can be caused by non-drug-related factors. Eye convergence issues don’t always mean drug use. We challenge assumptions.

5. Divided Attention Psychophysical Tests

You’re asked to perform tests like Walk and Turn, One-Leg Stand, Modified Romberg, and Finger to Nose.

Defense Strategy: These are difficult for many people—even when sober. We argue factors like nervousness, physical limitations, or uneven surfaces may have skewed results.

6. Vital Signs & Second Pulse

The DRE records your blood pressure, temperature, and pulse again.

Defense Strategy: Elevated vitals can be caused by stress, anxiety, or medical conditions, not necessarily drugs.

7. Dark Room Examinations

The officer uses a pupilometer to measure pupil size and reaction under different light levels.

Defense Strategy: Pupil size is affected by lighting, prescription medications, and natural variations—not just drugs.

8. Examination for Muscle Tone

The DRE evaluates whether your muscles are rigid or loose—allegedly indicating drug categories.

Defense Strategy: Muscle tone is influenced by countless factors. If the DRE lacks medical training, their opinion is suspect.

9. Check for Injection Sites & Third Pulse

The DRE inspects your body for signs of recent drug injection and takes your pulse one final time.

Defense Strategy: A lack of injection marks or misinterpretation of skin conditions can seriously undermine the DRE’s credibility.

10. Statements and Other Observations

After reading your Miranda rights, the DRE asks about drug use and notes your behavior.

Defense Strategy: Statements made under stress, confusion, or poor understanding of your rights can be challenged—and often suppressed.

11. DRE’s Opinion

The officer delivers a final opinion on whether you're impaired and which type of drug may be involved.

Defense Strategy: This is entirely subjective. A skilled defense attorney will challenge this opinion based on flawed observations or inconsistent testing.

12. Toxicological Testing

Blood or urine tests are used to detect the presence of drugs.

Defense Strategy: Testing positive doesn’t prove impairment. Many substances remain in your system long after their effects wear off—especially THC from marijuana.

“Unlike alcohol, there is no standard amount of marijuana that proves impairment. Presence alone is not proof.”
— Jack Rice

Why You Need a Skilled Minnesota DWI/DUID Attorney

The DRE protocol is only as good as the officer performing it—and many cases fall apart under scrutiny. At Jack Rice Defense, we dig into every detail of your arrest, from how the breath test was administered to whether your rights were violated.

Whether you’re facing charges related to marijuana, prescription medications, or other controlled substances, your future is at stake.

📞 Contact Jack Rice Defense Today

If you're facing a drug-related DWI in Minnesota, don't go it alone. Let us help you challenge flawed science and protect your rights.

Call now for a free, confidential consultation:
📱 651-447-7650 or 612-227-1339
🌐 www.jackricelaw.com

When everything is on the line, make sure Jack Rice Defense is by your side.