Recently, we have faced motions by the defense for a directed verdict on the grounds of the state not able to identify the intoxicant.

The defendant did not give blood, no signs of alcohol. The officer is of the opinion the driver is intoxicated on a pill of some sort. Does that initiate the need for medical or DRE testimony?

On the broader scale, if the substance is unknown, how can any medical or DRE expert testify except to discuss every possible pill the defendant might be on.

Am I missing the simple answer here? Can the state just submit the question of intoxication to the jury without the need for DRE or medical testimony? Thanks

Cory Kneeland

I hope you have video to show how intoxicated the person was. As a LEO I have dealt with a few people who have no alcohol, and refused blood.