STATE v. ALEMAN

Nos. 25,224, 25,225.

194 P.3d 110 (2008)

2008-NMCA-137

STATE of New Mexico, Plaintiff-Appellee, v. Miriam I. ALEMAN, Defendant-Appellant, and State Of New Mexico, Plaintiff-Appellee, v. Alberto Valenzuela, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,250, August 25, 2008.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Vicki W. Zelle, Assistant Appellate Defender Santa Fe, NM, for Appellants.


OPINION

ROBINSON, Judge.

{1} In this opinion, we deal with a DUI prosecution in which Defendants ingested drugs rather than alcohol. We address the admissibility of the expert opinion testimony of a Drug Recognition Evaluator (DRE) regarding a 12-Step Protocol (Protocol), which is a process designed to enable law enforcement to identify (1) whether a subject's ability to operate a vehicle is impaired and (2) which category of drugs has affected...

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