Overview
The Daubert Standard in the American judicial system provides judges and lawyers with guidelines to assess the validity of an expert witness’s testimony. It includes:
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Testability: can the method, conclusion, or theory applied be tested and falsified?
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Peer Review: is there a record of peer-reviewed scientific literature that has been published validating the method or theory?
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Error Rate: if the method or theory has been reviewed, what is the potential for error? Even valid and verified techniques don’t bat 100.
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Standards and Controls: are there established protocols or guidelines with controls for the application of the method or theory?
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General Acceptance: is there consensus or acceptance of the method or theory within the scientific community?
For instance, if an expert witness testifies to the presence or absence of a substance use disorder, they must reference clinical standards like the latest edition of Diagnostic and Statistical Manual of Mental Disorders rather than whatever definition they personally think is most appropriate. Biological drug testing methods like Gas Chromatography-Mass Spectrometry (GC-MS) have a very low error rate and widespread acceptance from clinical and research communities, but if a specific lab violates basic standards and controls, the results and subsequent testimony can be thrown out.
The lines can get blurry around Drug Recognition Experts (DREs), who are typically law enforcement officers (LEOs) with specialized training to identify impairment due to substance use as opposed to another medically significant event like strokes or diabetic shocks. The 12 steps required of DREs, according to the International Association of Chiefs of Police (IACP), are:
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Breath Alcohol Test
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Interview of Arresting Officer
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Preliminary Examination & First Pulse
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Eye Examinations
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Divided Attention Tests
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Vital Signs Check & Second Pulse
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Darkroom Examinations
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Muscle Tone Assessment
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Check for Injection Sites & Third Pulse
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Statements and Interrogation
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Opinion of the Evaluator
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Toxicological Examination
If the DRE skips or modifies these steps, in violation of the standards and controls prong, evidence of impairment can be thrown out.