State v. McFarland

Defendant appeals her conviction for driving under the influence of intoxicants. ORS 813.010(4). Defendant argues that the trial court erred in permitting a drug recognition expert (DRE) trainee who was not certified as a DRE officer to testify about the administration and results of a DRE protocol that he administered. We review for errors of law, Jennings v. Baxter Healthcare Corp., 331 Or 285, 299, 14 P3d 596 (2000), and we hold that a DRE trainee is not qualified to provide expert testimony regarding his assessment of the DRE protocol. Accordingly, we reverse and remand.

The relevant facts…