In November 2023, New Jersey’s Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in State v. Olenowski, 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.

Drug recognition experts are trained to determine whether drivers are impaired by drugs that can’t be detected by roadside tests, bloodwork, or breathalyzers. Specifically, the DRE protocol is a 12-step method used to evaluate suspects that police believe are under the influence of drugs to determine if the suspect is impaired, if impairment is related to a medical condition or drugs, and what drugs are causing the impairment.