Driving Law Episode 450: DRE Testing, Warrantless Searches, and Confirmation Bias

This week on Driving Law, Kyla Lee and Paul Doroshenko break down what may be one of the most consequential Canadian decisions on drug recognition evaluations. The case examines what happens when police fail to follow the required 12-step DRE process, and why skipping even one step can make the entire investigation unlawful. They discuss how drug recognition evaluations function as warrantless searches, why police must stay within the exact authority granted by the Criminal Code, and how tunnel vision and confirmation bias can affect impaired driving investigations. The decision also raises serious questions about the structure of DRE forms and whether they push officers toward predetermined conclusions. Plus, the Ridiculous Driver of the Week involves two teenagers, a riding lawnmower, and a Target store. Check out the "Lawyer Told Me Not To Talk To You" T-shirts and hoodies at Lawyertoldme.com and "Sit Still Jackson" at sitstilljackson.com.