Memorandum of Law: Daubert Standard

Description of task: MEMORANDUM OF LAW on the question: Under the Daubert evidentiary standard, are Drug Recognition Officer’s testimony, regarding the test used and subsequent conclusions, considered sufficiently scientifically reliable to be admitted into evidence?



Background:

Recently the State of Maryland has changed to a “Daubert” standard for the introduction of scientific evidence. Prior to the change, Maryland was using the “Frye” standard for the introduction of scientific evidence. Daubert is considered a more liberal standard versus Frye that was more conservative and considered “rigid.”

DUI/DWI are common district court charge. There is a specific charge of driving while under the influence of controlled danger substance. The State used to try to call a “drug recognition expert” to testify as to what drug the client was allegedly on when they were driving. The “expert” was a police officer who would testify that based on their training and tests administered they believed that the client was under the influence of a controlled dangerous substance. For example, the office would say that based on their training and test they administered the client was under the influence of a “cns depressant.”

The State had a hard time – and often simply was not able to – enter the drug recognition officer’s testimony into evidence. Under Frye, the drug recognition expert’s testimony did not meet the scientific standard needed to admit the evidence. But, now with Daubert, it is unclear whether the State would be able to meet the scientific standard.

The simple question is:

Under the Daubert evidentiary standard, are Drug Recognition Officer’s testimony, regarding the test used and subsequent conclusions, considered sufficiently scientifically reliable to be admitted into evidence?

I doubt there are any Maryland cases yet – because the shift to Daubert happened last year – but there are several States and Federal Courts that regularly use Daubert. My suggestion for research is to look for any federal (might be harder since DUI/DWI aren’t federal crime but I would start by checking the 4th Circuit) or other State cases.