If a police officer believes that you appear to be impaired but don’t show obvious signs of alcohol consumption, you may find himself charged with operating under the influence of drugs. The drug must be one that is defined in c. 90, § 24, which limits prosecution to marijuana, narcotic drugs, depressants, stimulant substances, or glue vapors.
If you have been charged with OUI Drugs, the prosecution not only has the burden of proving that the ingestion of the drug caused you to have a diminished capacity, but also that the substance is one of the substances defined in the statute. In these cases, the government will present testimony of a so-called “drug recognition expert” on signs of drug consumption. Drug recognition experts (DREs) have no medical training and have very limited knowledge. Because I am experienced in challenging legitimate expert witnesses offering opinions in legitimate fields of expertise, and because I regularly teach other lawyers how to do this, I know how to show a judge that this so-called DRE expertise should not be allowed into evidence. There isn’t a legitimate scientific basis for DRE testimony nor does the DRE have the necessary medical training to offer an expert opinion on signs of drug consumption.
If you are facing OUI drug charges, please contact me for a free consultation. I am an experienced OUI drug lawyer in Lowell and I am here to help.