NJ Supreme Court: Drug recognition expert testimony admissible under Daubert standard

On November 15, 2023, the New Jersey Supreme Court released its decision on the much-anticipated issue of whether drug recognition expert (DRE) testimony is admissible under New Jersey Rule of Evidence (N.J.R.E.) 702. The court concluded that the DRE tests, with certain safeguards, may be used as admissible evidence.

Background

Under New Jersey law, it’s illegal to operate a motor vehicle while under the influence of intoxicating liquor or narcotic, hallucinogenic, or habit-producing drugs. However, unlike driver impairment caused by alcohol, which can be established by blood alcohol concentration testing, no similar statutes exist in New Jersey to establish driving under the influence of other intoxicating substances.

More than 50 years ago, law enforcement officials and researchers developed the Drug Evaluation and Classification Program to combat the challenge of detecting and proving charges for driving under the influence. The protocol consists of 12 steps, which are administered by trained DREs.