New York, NY - Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/how-a-lawyer-can-challenge-a-drug-recognition-experts-testimony/) outlines a detailed defense strategy for contesting Drug Recognition Expert testimony in impaired driving cases, providing defendants with a clear path to test the reliability of DRE-driven evidence. The initiative highlights how a New York DWI attorney can evaluate each stage of the 12-step DRE protocol and move to limit or exclude opinions that lack sound scientific grounding under New York evidentiary rules.
Prosecutors frequently rely on DRE observations to connect physical signs with a suspected drug category before toxicology results arrive. A New York DWI attorney can counter this approach by scrutinizing the full evaluation, from the breath alcohol screen and initial officer interview to nystagmus checks, divided-attention tests, vital signs, pupil assessments, muscle tone observations, and any claimed injection-site findings. By documenting deviations from standardized procedures, identifying environmental or medical variables, and testing the foundations of opinion testimony, the defense can reduce the weight of the DRE conclusion or keep it from reaching the jury.
Under New York’s Frye standard, courts examine whether scientific methods have gained general acceptance within the relevant field. That threshold gives defense counsel a focused avenue to challenge DRE methodology. When a DRE’s opinion rests on subjective observations, inconclusive measurements, or incomplete adherence to protocol, a New York DWI attorney can argue that the conclusions do not meet Frye and therefore lack the reliability required for admission. Even when a court allows testimony, documented inconsistencies between DRE opinions and laboratory findings can undercut credibility and raise reasonable doubt.
The Kugel Law Firm’s approach emphasizes rigorous review of the 12 steps to uncover procedural errors and alternative explanations. For example, a low but non-zero breath result combined with fatigue can mimic drug indicators. Lighting conditions can affect pupil measurements. Stress and medical history can influence pulse and blood pressure readings. Uneven surfaces or unclear instructions can compromise divided-attention tests. A New York DWI attorney can present medical and scientific witnesses where appropriate, challenge chain-of-custody procedures for blood or urine samples, and demonstrate how legal medications or benign conditions can produce signs that officers misinterpret as impairment.
This structured defense benefits individuals facing DWAI-drug charges by reframing the case around reliable science and proper procedure. When the DRE protocol is not followed exactly or when observations conflict with objective data, courts can limit the scope of testimony or exclude it altogether. By focusing on relevance and reliability, a New York DWI attorney helps the court and the jury evaluate only evidence that meets legal standards, which supports fair outcomes and protects the rights of the accused.
About The Kugel Law Firm:
The Kugel Law Firm represents individuals in driving while intoxicated and driving while ability impaired cases across New York City and surrounding counties. Led by attorney Rachel Kugel, the firm handles DWAI-drug, DWI, and related vehicular matters, including administrative license issues and courtroom defense. The practice focuses on careful evaluation of police procedures, scientific testing, and evidentiary standards. For consultations, contact The Kugel Law Firm at (212) 372-7218 or visit the website to request a case review.
Email: admin@thekugellawfirm.com
Media Contact
Name
The Kugel Law Firm
Contact name
Rachel Kugel
Contact phone
(212) 372-7218
Contact address
111 E 125th St 2nd Fl
City
New York
State
NY
Zip
10035
Country
United States
Url
https://thekugellawfirm.com/new-york-dwi-lawyer/