Even if you blow a 0.00% blood alcohol level, you can still be convicted of DUI controlled substances.  In this situation, the arresting officer will call in a “drug recognition expert” (DRE).  

The DRE will do a second set of tests on you that culminates in the defendant providing a urine sample.  If the DRE officer does not obtain a urine sample, or does not properly follow the twelve step DRE protocol then there may be opportunities to suppress evidence.  It is also important to recognize that the fact that a particular controlled substance shows up in the urine does not mean a person was impaired at the time of driving.  For example, 9-carboxy-THC, the metabolite of THC which is tested for in a UA, can stay in a person’s system for weeks after marijuana use. This means that you can be convicted of DUI marijuana even if you have not smoked for several weeks.

DUI Controlled Substances law is a complex subsection of DUI law.  The chart below is taken from the DRE instructor’s manual and shows the different indicators that a DRE is looking for to determine if you are impaired by a particular controlled substance.  If you are facing a DUI controlled substances charge it is important to speak to a DUI lawyer experienced in this complex and dynamic field of law.  MJM Law Office may be able to use our own expert witnesses to controvert the findings of the “Dr. Cop” aka DRE, or can even use the DRE’s own testimony in court to turn the case to your side.  

Contact us
 online or call 541-505-9872 to schedule a consultation.


OREGON DRUG EVALUATION CLASSIFICATION PROGRAM

  1. BREATH ALCOHOL TEST
    Note instrument, serial number and result.
  2. INTERVIEW OF ARRESTING OFFICER
    Include reasor for stop, driving observations, general observations, paraphernalia, drug related street terms used by the subject. (Gloves must be worn from this point.)
  3. PRELIMINARY EXAMINATION (FIRST PULSE)
    Health questions, observe face, breath and speech.
  4. EYE EXAMINATIONS HGN, VGN, LOC
  5. DIVIDED ATTENTION TESTS
    __Romberg Balance
    __Walk and Turn
    __One Leg Stand
    __Finger to Nose
  6. VITAL SIGNS (SECOND PULSE)
  7. DARK ROOM EXAMINATION & SIGNS OF INGESTION
    After pupil measurements, check nasal & oral cavities.
  8. CHECK FOR MUSCLE RIGIDITY
  9. CHECK FOR INJECTION SITES (THIRD PULSE)
  10. INTERROGATION, STATEMENTS & OTHER OBSERVATIONS
  11. OPINION OF EVALUATOR
  12. TOXICOLOGICAL EXAMINATION


For more information about your particular DUI situation click one of the links below:
If you are facing DUI charges call MJM Law Office, P.C. to speak with an experienced criminal defense lawyer in Eugene, Oregon.

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